RAJBIR SINGH Vs. STATE

JUDGEMENT

(1.) On 28.8.2005, on receipt of copy of DD No.45B, Head Constable Shailender Singh of Police Station Saraswati Vihar reached G-Block, Bihari Chowk, Shakurpur, where he came to know that the injured persons had been taken to BJRM Hospital by PCR van. When the aforesaid Head Constable reached the hospital, Devender, Manish and Prem Singh were found admitted there in injured condition. He recorded the statement of the complainant Prem Singh who inter alia told him that he was residing in Shakpurpur along with his uncle Devender and his cousin Manish and all of them were working in Chaudhary Fashion at E-16/224, Tank Road, Bapa Nagar, Karol Bagh. He further stated that earlier all of them were working with H.S. Garments owned by Shri Harpal Singh and about 5-6 months ago they had left the employment of Mr. Harpal Singh and taken up the employment with Laxman Chaudhary who also was earlier working with Harpal Singh and had started his own factory after resigning from there. He alleged that since the time they left the service of Harpal Singh, he had become inimical to them and had been threatening them. He further alleged that at about 11:00 p.m. on 28.8.2005, when they were coming to G- Block, Shakurpur and reached Bihar Chowk, Harpal Singh, his brother Narender, his uncle Jaipal and Rajbir, all of whom were armed with iron saria (rod) stopped them on the way and attacked them with saria saying simultaneously that they would tell them how to work with Laxman. He also alleged that Harpal Singh gave saria blow to him. Rajbir Singh gave saria blow to his cousin Manish and Jaipal and Narender gave saria blow to his uncle Devender. Somehow saving their lives they ran towards police station. On the aforesaid complaint an FIR under Sections 308/34 of IPC was registered.

(2.) All the four (4) persons named above were chargesheeted. On 3.9.2007, the appellants were charged under Sections 308/34 of IPC to which they pleaded not guilty. The prosecution thereupon examined ten (10) witnesses in support of its case whereas three (3) witnesses, DW1 to DW3, including the appellant Harpal Singh were examined in defence.

(3.) The complainant Prem Singh came in the witness box as PW6 and inter alia stated that the accused Harpal was annoyed with them on account of their having shifted to the factory of Laxman Chaudhary and had been threatening with dire consequences in case they did not join his factory. He further alleged that on 28.8.2005 at about 11:00 p.m., he along with his uncle Devender and cousin Manish was returning from the factory of Laxman Chaudhary and when they reached Bihari Crossing in the area of Shakurpur all the four (4) accused were found present on the side of the road with iron rods. They said that they would teach them as to how they were working at the factory of Laxman Chaudhary and then started beating them. Harpal inflicted iron rod blow on his head as a result of which he became unconscious. Rajbir inflicted iron rod blows on Manish whereas Jaipal and Narender caused injuries to Devender.