SAMUNDER Vs. STATE

JUDGEMENT

(1.) By this common judgment, I shall dispose of all the five appeals referred to above, which are directed against a common judgment dated 30.3.2005 and order on sentence dated 1.4.2005, whereby the appellants were convicted under Sections 323/452/506/34 of IPC and were given benefit of probation.

(2.) On 16th September, 2003, an information was received in Police Control room that a quarrel had taken place in Village Poot, and two persons had sustained bullet injuries. The information was recorded vide DD No. 25-A, a copy of which was given to SI Ved Pal Singh of PS Bawana. He, thereupon, went to Bhram Shakti Hospital, where the complainant Rajpal as well as Rajnikant, S/o Satveer, were found admitted. In his statement to IO, Rajpal alleged that on that day at about 9.00 p.m., when he was present in his house, his neighbour Kishan Chand, along with his sons Samunder, Vijay, Rajesh and Suresh, banged at his door and started abusing and asking him as to why he was objecting to the land of trust. They entered his house and gave legs and fist blows to him. He, thereupon climbed his roof. He further stated that Kishan Chand and his sons armed with Lathies and Jelly reached the roof, where he was caught hold by Kishan Chand and Samunder, whereas Vijay, Rajesh and Suresh started giving Lathi blows to him. When he raised alarm, his nephews Rajnikant and Yogender reached there to mediate, whereupon the appellants started beating Rajnikant, as a result of which, he sustained injuries on his head. They also gave legs and fist blows to Yogender. He further claimed that Samunder, Vijay and Suresh threw him from the roof as a result of which he sustained injuries on his head.

(3.) The complainant came in the witness box as PW-5 and tated that on 16th September, 2003, at about 9.00 p.m. when he was lying in his house, all the five accused, who were residing in his neighbourhood, came to his house and started abusing him. At that time, Kishan Chand was having a Jelly in his hand, whereas other four persons were having Lathies with them. They started beating him inside his house. He climbed the roof in order to save himself. The accused persons, however, came to the roof, where he was held by Kishan Chand and Samunder, whereas remaining three accused gave him beatings with lathies. When he raised alarm, his nephews Rajnikant and Yognder came to the roof to save him from them. Rajesh, Suresh and Vijay started beating Rajnikant. In the process of beating Samunder and Kishan Chand threw him from the roof, as a result of which he sustained injuries on his head and other parts of his body.