JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is filed against the final judgment and order dated 06.11.2007 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 34-SB of 2004 whereby the High Court dismissed the appeal filed by the appellant herein and upheld the judgment of Trial Court dated 20.12.2003 in Session Trial No. 137/25.08.2003 convicting the appellant herein for the offences punishable under Section 304 Part II and Section 323 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC") and sentenced him to undergo rigorous imprisonment for five years with a fine of Rs.2000/- under Section 304 Part II of IPC and for a term of one year for the commission of the offence punishable under Section 323 of IPC. Both the sentences were to run concurrently. In default of payment of fine, to undergo further rigorous imprisonment for six months.

(2.) The prosecution case in brief is as under:

(3.) Zile Singh, Krishan Pal, Raj Kumar and Phoola Ram are the residents of village Mowana. On 15.06.2001, at about 4.30-5.00 p.m., when Phoola Ram, after doing his day's work, was returning home and he was about to reach home, Nafe Singh armed with gandasi came and challenged and abused him and inflicted a gadasi blow on his head. On hearing the cry of Phoola Ram, Zile Singh and Raj Kumar, sons of Phoola Ram and Krishan Pal, his grandson came there to rescue him. In the meantime, Jagdish armed with lathi came and inflicted lathi blow on each of his hands. Ranjit and Rameshwar also reached there and inflicted lathi blow to Raj Kumar and Krishan Pal, Dharma, son of Sadhu Ram inflicted lathi blow on his shoulder, Jagdish and Ranjit inflicted lathi blow to Zile Singh, who fell unconscious. Arjun, son of Shankar Gadaria and many other villagers rushed to the spot and rescued them from the clutches of the accused.