MALLU SINGH AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by Sessions Judge, Narnaul, whereby the Appellants were convicted under Section 325 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 20,000/-each and in default of payment of fine, to undergo further rigorous imprisonment for six months. The amount of fine, on its realization, was to be paid to the legal representatives of deceased Shiv Singh.

(2.) According to the prosecution, the occurrence in question had taken place on 16.10.1994 at about 7.00 p.m. at tempo stand, Mahendergarh Road, Kanina, where complainant Jagdish Singh and his brother Shiv Singh, alongwith one Vijay Pal, was present. All the three Appellants had come there. Mallu Singh Appellant abused the complainant party and stated that they had been raising dispute about their land. When the complainant party wanted to reply, Mallu Singh wielded bamboo stick in causing an injury on the chest of Shiv Singh. Angan Singh and Kanwar Pal Appellants then rolled their lathies on the legs of Shiv Singh. Some other persons, who were also present and appeared to be residents of village Kharkhara, uttered harsh words against the complainant. The complainant and Vijay Pal managed to save Shiv Singh from the clutches of the accused, where after the accused left the spot alongwith their weapons. Shiv Singh was removed to Government Hospital, Kanina where he was not given the first aid but referred to General Hospital, Narnaul. Even at Narnaul, no proper treatment was given to Shiv Singh. On 21.10.1994, the doctor referred Shiv Singh to Medical College and Hospital, Rohtak. On the night of 23.10.1994, Shiv Singh died on account of the injuries. Complainant Jagdish Singh, thereafter, made statement Ex. PJ before SI Badri Parshad on 23.10.1994 at 1.40 p.m., on the basis of which, FIR Ex.PJ/2 was recorded by HC Rawat Singh at Police Station Kanina on the same day at 5.10 p.m. The special report reached the Ilaqa Magistrate on the same day at 7.40 p.m.

(3.) During investigation of the case, the police inspected the spot in village Kanina and prepared its rough site plan. The statements of the witnesses were recorded. An attempt was made to arrest the accused but they were not available. However, on 28.10.1994, Mallu Singh and Angan Singh accused were arrested. Angan Singh then suffered a disclosure statement leading to recovery of a lathi whereas Mallu Singh also got recovered a bamboo stick after making a disclosure statement.