SUDHIR KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are presented before us, questioning the judgment of the High Court of Punjab and Haryana, modifying the conviction of Surender @ Monu (Respondent No.2) from Section 302 of the Indian Penal Code (hereinafter 'IPC'), to that under Section 304 PartI IPC and sentencing him to undergo rigorous imprisonment for ten years. These appeals have also questioned the reduction of sentence imposed on the other accused to the period already undergone for offences punishable under Sections 323, 506, 148 read with 149 IPC.

(3.) The case of the prosecution in brief is that, an altercation took place between the complainant's mother, Ramrati and his aunt, Sarli at about 5.00 p.m. on 13.03.2008. On the same day, the accused started pelting bricks and stones upon the house of the complainant showing solidarity with Sarli. However, the complainant and other family members remained inside their house out of fear. On the next day, i.e., 14.03.2008, complainant's mother Ramrati went to fetch water at about 2.00 p.m., and at that time, Accused Nos. 2 to 9 were sitting there and they started threatening Ramrati with dire consequences. Subsequently, Accused Nos. 1 to 9 carrying deadly weapons like, jellies and iron rods approached the shop of the complainant's brother, Satish and threatened him also. Consequently, Satish fled from the scene. Thereafter, all the accused came to the house of the complainant and attacked the complainant's father, Balwan Singh. The complainant and his cousin were also injured in this altercation.