BOOTA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Buta Singh and three others have since been held guilty under Sections 326/325/324/323 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment as follows, vide orders passed on that behalf by Judicial Magistrate 1st Class, Sirsa, on October 22, 1998: U/s 326/34 IPC: RI for two years and to pay a fine of Rs. 500/- each, or in default of payment of fine, to further undergo RI for one month. U/s 3251 34 IPC: RI for one year. U/s 324/34 IPC: RI for six months. U/s 323/34 IPC: RI for three months.

(2.) Since they were unsuccessful in their endeavour to get the order of conviction and sentence set aside from the appellate court, present revision has been filed.

(3.) The prosecution case has been that Arjan Singh, while in the hospital, made a statement that his brother Smjan Singh was not of sound mind and that he had taken land of Didar Singh son of Jagat Singh for paddy growing at half share of batai. There were fields of Kishan Singh near the said land. On August 28, 1981 at about 1 PM, when he and his brother Smjan Singh were picking grass from the paddy, his brother Smjan was murmuring loudly, Buta Singh and Ranjeet Singh came there. They came to his fields while abusing and protested against the loud noise of Smjan Singh, who did not keep silent. At this, he tried to persuade all others while stating that he was not speaking against anybody. All the four persons went back to their fields and after some time, Satnam Singh, armed with an axe, Buta Singh, Ranjit Singh and Jaswant Singh anned with Lathis came there and Buta Singh raised an alarm to teach lesson to Sm:jan Singh to make loud noise. Satnam Singh caught hold of Smjan Singh while Jaswant Singh gave a lathi blow on left ami and second blow on right arm of Smjan Singh. Buta Singh gave a lathi blow on the head of Smjan Singh. Ranjit Singh gave a lathi blow on right ear and another blow on chest and yet another blow on left foot jaw of Smjan Singh. Smjan Singh fell down. Thereafter, Satnam Singh gave an axe blow on, the head of complainant while Buta Singh gave two lathi blows at his back. Ranjit Singh and Jaswant Singh also gave two lathi blows each on the left and right eyes of complainant. The injured were saved by Balwinder Singh, who had also seen the occurrence. On receipt of information Richhpal Singh, brother of the injured, came there on a tractor and took them to hospital.