TAKDIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal against the judgment dated 23-8-1995/25-8-1995 of the Additional Sessions Judge, Rohtak convicting and sentencing each of the 12 accused in the following manner :- Serial No.Name of the appellantsQuantum of Sentence and the offences for which the appellants sentenced.

(2.) The period of sentence already undergone by the accused-appellants, if any, was ordered to be taken into consideration while reckoning the period of sentence imposed upon them.

(3.) The case of the prosecution has been unfolded by PW-5 Ram Karan, who is the son of deceased Rati Ram, in his statement given to Ishwar Singh Sub Inspector, PW-13, at the Civil Hospital, Rohtak on 28-3-1992 at 1.30 P.M.to the effect that he is resident of village Kasurenti and is a labourer by profession. On 26-3-1992, a fight took place between Billu accused son of Ujala and the son of the brother of the complainant, i.e., Lillu, while playing. Both of them were separated. Billu accused nourished a grudge in his mind and wanted to take revenge. Rati Ram father of the complainant and PW-8 Ram Kumar son of Risal Singh submitted an application to the panchayat of the village with a view to settle the matter. On 27-3-1992 in the evening time, both the parties were called by the panchayat. Ram Chand accused refused to accept the decision of panchayat of the village on the ground that he would accept the decision of the police only. The panchayat then asked the complainant-party to send an application to the police. On 28-3-1992 the application was sent to Police Post Karsala through Dilbagh, brother of the complainant. Thereafter, Om Parkash and Ram Kumar son of Risal Singh left the house for going to Rohtak for their personal work at about 7.30/8.00 a.m., the complainant - Ram Karan along with his father Rati Ram and uncle Sardar Singh were sitting on a cot near their own house. When Om Parkash and Ram Kumar reached near the Bus Stand, accused Surja armed with jaili; Ram Chand armed with a lathi; Lila armed with a jaili; Hawa Singh armed with a jaili; Jagdish armed with a pharsa; Amar Singh armed with a Chhura; Chandgi armed with a lathi; Naresh and Ballu armed with pharsas, all Harijans by caste, residents of the same village, went near them within their sight with common object. They wanted to waylay the brother of the complainant, i.e., Om Parkash, who, on seeing the acused, came back. But the accused were successful in inflicting injuries on the person of Ram Kumar. In the meantime, accused Takdir armed with a chhura; Darshan armed with a gandasa; Sri Bhagwan armed with a pharsi and Amar Singh armed with a chhura, all Harijans by caste, residents of the same village, came towards the complainant-party. Complainant Ram Karan and his uncle Sardar Singh entered the house and the father of the complainant kept sitting on a cot. Accused Takdir gave a chhura blow on the back of the father of the complainant; Amar Singh accused gave a chhura blow on the left side of the neck of the deceased; Darshan accused gave a gandasa blow on the left ankle of deceased. Sri Bhagwan gave a pharsa blow on right knee and left thigh of deceased; Darshan gave another gandasa blow on the index finger of the right hand and Amar Singh gave a chhura blow on the right wrist of the deceased. Besides these injuries, more injuries were inflicted to the deceased. On raising an alarm by the deceased, the complainant-Ram Karan, PW-5, along with his brother Lilu, Siri Bhagwan, Satbir and Ranbir all sons of Sardar Singh, Sandeep son of Maha Singh, Brahma Nand son of Pirthi, Roshni wife of Rajinder and Sumitra wife of Ram Karan, all Harijans by caste, came to the rescue of the deceased. Accused gave injuries to PW-5 Ram Karan, PW-8 Ram Kumar, PW-10 Smt. Roshni, PW-11 Satbir Singh, Sandeep, Ranbir Singh, Lillu Ram, Sumitra and Brahma Nand. The complainant-party in self defence caused injuries on the persons of accused Takdir, Amar Singh, Darshan Singh, Naresh and Ballu. On the basis of statement, Exhibit PA, case F.I.R.No. 72 of 1992 for offences under Sectons 148/149/ 302/323 and 324 of the Indian Penal Code was registered against the accused at Police Station Sampla. Case was investigated by the police and the accused were arrested in this case and after the completion of the investigation, the accused were challaned.