LAWS(P&H)-2000-4-80

JAGGAR SINGH AND OTHERS Vs. STATE OF HARYANA

Decided On April 18, 2000
Jaggar Singh And Others Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The present revision petition has been filed directed against the judgment and the order of sentence passed by the Sub Divisional Judicial Magistrate, Mandi Dabwali dated 21.8.1986 and 22.8.1986 respectively. The learned trial Court held the petitioners guilty of the offences punishable under Sections 326/325/324 and 323 read with Sec. 34 of the Indian Penal Code. They were sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 300.00 each for the offence punishable under Sec. 326, Indian Penal Code. In default of payment of fine they were to undergo further imprisonment for three months each. For the offence punishable under Sec. 325, Indian Penal Code read with Sec. 34 of the said Code, each of the petitioners were sentenced one year rigorous imprisonment and a fine of Rs. 200.00. In default of payment of fine each of the petitioner was to undergo further rigorous imprisonment for two months. For the offences punishable under Sections 324/34 and 323/34, Indian Penal Code, each of the petitioner was sentenced to undergo rigorous imprisonment for six months and three months each. All the substantive sentences were to run concurrently. Out of the fine if realised Rs 1.000.00 was directed to be paid to Kamail Singh and Rs. 500.00 to Jeeta Singh injured after the expiry of the appeal/revision. The appeal has been dismissed.

(2.) The facts of the prosecution case are that on 4.10.1980 Kamail Singh who was a resident of village Desu Jodha along with Jeet Singh were coming from Dabwali. They had attended the Court in a case registered under Sec. 409 of the Indian Penal Code. It had been registered against Jaggar Singh who was Cashier of Co-operative Bank in the year 1975. When they reached near the Flour Mill of Sushil Kumar, Jagar Singh and Balbir Singh who were armed with Gandasas and Muthu Singh who was armed with Gandhasa were found standing in the way. Jaggar Singh gave a lalkara that they would teach these persons lesson for prosecuting the case. He gave a gandasa blow on the head of complainant Kamail Singh. Balbir Singh gave a Gandasa blow from reverse side on his fore-head. Mithu Singh gave a Gandhala blow from reverse side on the left shoulder of Kamail Singh. Kamail Singh raised an alarm. Jeeta Singh intervened. He was also attacked by these petitioners with their respective weapons. On their further raising an alarm Kikar Singh and Gurdev Singh were attracted to the spot. In the meantime, the petitioners made good their escape.

(3.) Dalbara Singh and Mukhtiar Singh reached there. They brought the inured to Rural Dispensary, Desu Jodha. Kamail Singh made a statement to ASI Mohammed Issak, on basis of which formal first information report was recorded. A case was registered punishable under Sections 323 and 324/34, Indian Penal Code. ASI Mohammed Issak had gone to the spot and take into possession blood stained earth and weapons of offences. On receipt of the report of the Radiologist, offence punishable under Sec. 236, Indian Penal Code was also added. On these broad facts, report under Sec. 173, Code of Criminal Procedure was submitted against the petitioners.