Criminal Appeal No. 1581 of 2013 and Special Leave Petition (Crl.) No. 3779 of 2014. Case: State of Haryana and Ors. Vs Bira and Ors.. Supreme Court (India)
| Case Number | Criminal Appeal No. 1581 of 2013 and Special Leave Petition (Crl.) No. 3779 of 2014 |
| Judges | N.V. Ramana and Prafulla C. Pant, JJ. |
| Issue | Indian Penal Code (IPC) - Sections 34, 302, 323; Code of Criminal Procedure (CrPC) - Section 313 |
| Judgement Date | April 24, 2017 |
| Court | Supreme Court (India) |
Judgment:
Prafulla C. Pant, J.
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Both Criminal Appeal filed by the State of Haryana and Special Leave Petition filed by Accused Fatta Ram, are directed against the judgment and order dated 03.05.2012 passed by High Court of Punjab and Haryana in Criminal Appeal No. 662-DB of 2007, whereby said Court has allowed the appeal of Bira @ Bhira, and acquitted him of all charges in respect of offences punishable Under Sections 302, 323 read with Section 34 of Indian Penal Code (for brevity "IPC"), but maintained the conviction and sentence recorded against remaining two accused, namely, Sant Lal and Fatta Ram.
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We have heard learned Counsel for the parties and perused the record.
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Prosecution story, in brief, is that Vakil Singh (deceased in the present case) was an Accused in the case of murder of one Atma Ram of Village Nagal. He (Vakil Singh) was acquitted by the Apex Court about a month before the incident of the present case. On 08.05.2005 at about 11.00 a.m., he was coming along with his wife (PW-8 Balbiro) to his village from Bicchian where the two had gone in connection with condolence of one of their relatives. PW-7 Tehla Ram along with his uncle Mohan Singh had also gone there and was ahead of them. At that point of time, the three Accused namely, Sant Lal, Fatta Ram and Bira @ Bhira who were armed with deadly weapons came on motorcycles and intercepted Vakil Singh. All the three Accused persons assaulted Vakil Singh. Accused Sant Lal gave a blow with a 'Gandasi' (heavy sharp edged weapon), Accused Fatta Ram gave a blow with a 'Lathi' and Bira @ Bhira allegedly gave a blow with iron rod (handle of water pump). PW-8 Balbiro resisted but she was also assaulted by the Accused persons. When Mohan Singh and PW-7 Tehla Ram, who were ahead, turned back, the three Accused attempted to flee but Fatta Ram fell down from his motorcycle as the same got skid and he was caught by villagers. The other two managed to escape. PW-7 Tehla Ram took both the injured Vakil Singh and Balbiro to Mahavir Dal Hospital, Cheeka. Vakil Singh succumbed to the injuries and died in the hospital. The First Information Report (Ex. PH-1) of the incident was lodged by PW-7 Tehla Ram on the very day. PW-13 Sub-Inspector Brij Mohan of Police Station, Cheeka started the investigation. PW-2 Dr. Aman Sood along with team of doctors conducted the post mortem examination and prepared autopsy report. The investigation was completed by PW-3 Sub-Inspector Surta Ram who...
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