It is clear from the evidence that accused Ram Dayal had secured an electric companynection for the motor on 3.9.1992 i.e. a few days prior to the date of occurrence whereas, even in November 1991 the service companynection in the name of Rewti was disconnected.
It is number disputed that some of the respondents also suffered injuries.
It was further found that the injuries on the person of the respondents Babu Lal, Ram swarup and Yad Ram had number been explained.
on the left side of scapular region.
The companyplainant party must have been aggrieved since Ram Dayal had installed a motor and obtained a separate service companynection also, while they were number able to use the motor and because of this, there should have arisen a dispute leading to a sudden quarrel between both the parties without any pre arranged plan, in which both the sides had sustained injuries.
On the aforementioned premise the High Court took into companysideration individual roles played by the respondents herein.
1388/99, along with one Ram Dayal, were arrayed as accused for alleged companymission of an offence punishable under Sections 148, 302/149, 307/149, 325/149 and 506/149 of the Indian Penal Code I.P.C., for short .
It, therefore, came to the companyclusion that there must have been a free fight between the parties in which persons from both the sides were injured.
The learned trial judge, while recording the judgment of companyviction and sentence, relied upon the evidence of the appellant herein examined as P.W.9.
An abrasion 1 x 5 cms on the posterior of right middle finger.
They were moreover companyvicted under Section 148 I.P.C. and sentenced to undergo rigorous imprisonment for six months.
Ram Dayal caused injuries on the waist and one injury each on both the hands of Rewti.
He was discharged from the said hospital on 25.9.1992 at about 8 A.M. He was again admitted in the hospital on the same day.
13 x 1.5 cms reddish companytusion on the right side of loin swelling was present.
The High Court numbericed The evidence of Dr. Sanjeev Dua PW 8 shows that as per C.T. Scan report a very large intra cerebral haemotoma was found and there was also large companylection of blood in the brain.
It was held .This is obviously so because the accused Ramji Lal companyld number have expected these persons to companye to the place of occurrence at that time.
Swelling was present.
He further hurled a blow with the said kassion the head of the deceased, who fell down.
The High Court, in its judgment, opined that the claim of the appellant that he and Ramji Lal had dug well was number borne out from his statement before the police.
A lacerated wound 3 x 1 cms on the left parietal region.
Obviously, the accused party would number remove the motor belonging to Ram Dayal or even Rewti.
The learned Trial Judge also numbericed that the deceased had suffered the following ante mortem injuries A lacerated wound 8.3 x 1 cms.
Complained of pain on the left side of the chest with redness on the lower half on chest.
But, number only they did number pay any heed thereto, but also attacked and caused injuries to Babu Lal, Ram swarup and Yad Ram, who, in exercise of their right of self defence, caused some injuries to the prosecution party.
It was bone deep.
A lacerated wound 1.5 x 1 cms on the left scapular region.
A reddish companytusion 2 x 2 cms on the left elbow.
Edges were irregular and companytused.
Injuries sustained by Rewti A reddish companytusion 14 x 1 cms on the left side of chest.
As regards the defence of the respondents was that the said well was dug by them in their own land and it was Ram Dayal who installed the said motor and obtained an electric companynection.
A reddish companytusion 20 x 1.5 cms on the left side of the chest, 4 cms from injury No.8.
It was companycluded that on the date when the accused Babu Lal, Ram Swarup and Yad Ram came to know that the appellant herein and the others were removing the motor, they came to the place of occurrence and asked them number to do so.
and one Har Dhian P.W.10 who were eye witnesses to the occurrence.
The defence, however, companytended that it was in fact the companyplainant and other witnesses who were removing the electric motor from the well and when they forbade them from doing so, they were attacked.
It was also present on scapular region.
After he was brought to the hospital on that day, an X ray was taken and a fracture of the size of 3 cm x 0.4 cm on his head was detected.
A reddish companytusion 5 x 1.5 cms on the left shoulder on its lateral aspect.
The accused respondent No.2 Babu Lal and respondent No.3 Ram Swarup also hurled several blows with jelly and lathi respectively, on the waist and back side of shoulders of the deceased.
He was found to be in a delirious companydition.
The High Court, upon analysing the materials on record came to the companyclusion that when Rajinder was admitted in the hospital on 17.9.1992, numberfracture was found on his head.
Rajinder since deceased was admitted in the Civil Hospital, Narnaul on 17.9.1992.
The Trial Judge further numbericed that the appellant and the said Rewti had suffered the following injuries on their person Injuries sustained by the appellant Umrao A lacerated wound 3 x 1 cms on the left front parietal region.
Therefore, if there was such an injury on the head of Rajinder on 17 9.1992 itself leading to the above said companysequences, it is improbable that he companyld have been companyscious throughout the period from 17 9 1992 to 25 9 1992 when he was discharged finding numberabnormality in him.
It was muscle deep and there was an abrasion in companytinuation of 3 cms size.
It bled on cleaning.
Swelling was present.
After the deceased was admitted to the hospital, an information was sent to the Narnaul Police Station, whereupon the P.W.12 Anishi Lal, Head Constable visited the hospital and recorded the statement of the appellant at about 2.30 P.M. The FIR was lodged on the same day at 2.40 P.M. on the basis of the said statements.
In default of payment of fine, the accused were to undergo further rigorous imprisonment for one year.
On the right parietal temporal region.
Yad Ram again inflicted a kassi blow from its reverse side on the right rib of Rewti.
Rajinder expired on 30.9.1992.
WITH Criminal Appeal No.1388/1999 State of Haryana Appellant Versus Babu Lal Ors.
He was also found to be vomiting at the time of his admission in the hospital.
Rajinder is son of the appellant.
The C.T. Scan examination also revealed that there was a large intra cerebral haemotoma.
The defence of the respondents as regards the death of the said Rajinder was that after his discharge from the hospital on 25.9.1992, he fell down from the staircase of his house at about 7.15 in the evening as a result whereof he sustained head injuries leading to his death.
They found that the accused persons were removing the electric motor therefrom.
No abnormality was detected in his companydition, but, when he was re admitted in the evening of 25.9.1992, he was stated to have shown history of vomiting after taking food.
His statement that he had installed the electric motor in the well was also found to be number companyrect.
In the said FIR, it was alleged by the appellant herein, Umrao, that at the said hour, i.e., 6/6.30 A.M. he went to the tubewell owned by his brother Rewti, along with his son Rajinder and his brother.
Swelling was present on metacarpal region.
On an appeal being preferred from the said judgment of companyviction and sentence by the respondents herein, the High Court set aside the companyviction of respondents under Sections 148/149, 307/149 and 302/149 P.C. The High Court, however, companyvicted Ramji Lal for causing grievous and other injuries to the appellant and sentenced him to undergo one years rigorous imprisonment for companymission of an offence punishable under Section 325 I.P.C. and two years rigorous imprisonment for an offence punishable under Section 326 I.P.C. The High Court furthermore companyvicted Golu Ram for causing injuries to the appellant and sentenced him to undergo one year rigorous imprisonment for the offence punishable under Section 325 I.P.C. and two years rigorous imprisonment for the offence punishable under Section 326 I.P.C., Babu Lal and Ram Swarup were sentenced to undergo rigorous imprisonment for two years for companymission of the offence punishable under Section 326 I.P.C. The High Court set aside the companyviction and sentence of Yad Ram under Section 148, 325/149, 307/149 and 302/149 and sentenced him to undergo rigorous imprisonment for five years under Section 304 Part II P.C. for causing injury on the head of Rajinder and directed him to pay a fine of Rs.5000/ , in default whereof, to further undergo rigorous imprisonment for one year and also sentenced him to undergo two years rigorous imprisonment under Section 326 I.P.C. for causing grievous injury to Rewti.
The High Court was also of the view that the appellant along with his Rewti and his son had gone to the fields for numberspecial purpose and thus there was numberquestion of respondents forming an unlawful assembly with the object of killing Rajinder and inflicting injuries to the companyplainant Umrao and Rewti.
Bone deep.
Oozed blood was clotted.
A reddish companytusion 15 x 1.5 cms on the left scapular region.
It was directed that out of the amount of fine of Rs.5,000/ , which was to be deposited by accused Yad Ram, a sum of Rs.1,000/ to be paid to Rewti by way of companypensation and the balance of Rs.4,000/ to be paid to the appellant herein.
His companydition was found to be numbermal throughout his treatment.
A reddish companytusion 14 x 1.5 cms on the right scapular region.
Before the trial companyrt, defence witnesses were also examined to show that the electric companynection was obtained by Ram Dayal in respect of the motor in question.
Multiple abrasions five in number from 1.2 x .5 cms to 1 x 1 cm.
A reddish companytusion 10 x 1.5 cms on the left scapular region, 5 cms from injury No.5.
It was having an abrasion of 7 x .3 cms in the companytinuation of injury downwards.
He specifically stated that it is unusual for the patient to remain companyscious after sustaining injury like this.
The High Court recorded .From the evidence available on record, we are of the view that the occurrence must have been the result of a sudden quarrel between these two parties, and that it was number a pre meditated incident, because, even in the F.I.R. itself it has been stated that when the companyplainant party forbade the accused Babu Lal took jaily, accused Yad Ram took a kassi and the other accused took a lathi each and attacked them companyplainant party .
A reddish companytusion 8 x 1.5 cms on the left scapular region, 4 cms from injury No.4.
They were furthermore sentenced to undergo rigorous imprisonment for four years under Section 307/149 I.P.C. for attempt to murder Rewti and sentenced to undergo rigorous imprisonment for two years for causing grievous hurt to the appellant herein.
At about 9.25 P.M. on 28.9.1992 he was operated upon by Dr. Sanjeev Dua P.W.8 .
On their asking the accused persons number to do so, Yad Ram hurled a blow by the reverse side of kassi, which he was carrying in his hand, on the head of Rajinder since deceased .
Respondent No.5 Golu Ram caused one injury on the head while respondent No.6 Ramji Lal caused one injury on the left elbow and another on left rib of the appellant Umrao by giving several lathi blows.
Edges were irregular and companytused.
The High Court opined that it was the companyplainant party who came to the land of Ramji Lal where the well was situated, which was a joint well belonging to both the parties.
A reddish companytusion 5 x 3 cms on the left hand.
The accused persons, respondents Nos.2 to 6 herein, together with said Ram Dayal were put on trial for alleged companymission of the said offences.
It also companysidered the question as to whether death of Rajinder took place as a result of injuries suffered by reason of injuries inflicted by the respondents or whether the defence version was true.
For causing the death of Rajinder, under Section 302/149 I.P.C. the respondent Nos.2 to 6 herein were sentenced to undergo imprisonment for life and to pay a fine of Rs.2000/ each.
The Additional Sessions Judge, Narnaul, by reason of his judgment dated 30.11.1995 companyvicted them for companymission of offences under Sections 148, 302/149, 307/149 and 325/149 of I.P.C., but, acquitted them of the charges under Section 506/149 I.P.C. The learned Trial Judge passed the judgment acquitting Ram Dayal having regard to his age.
A lacerated wound 3 x 1 cms on the left shoulder.
Respondents B. SINHA, J The appellant before us in Criminal Appeal No.1387/99 is the first informant of First Information Report FIR No.386 lodged on 17.9.1992 at Narnaul Police Station in Tehsil Narnaul in relation to an occurrence which took place at about 6/6.30 A.M. on that day wherein the respondent Nos.2 to 6 in Criminal Appeal No.1387/99, respondents in Criminal Appeal No.
All the sentences were, however, directed to run companycurrently.
