DHARAMVIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by Dharamvir son of Hoshiar Singh, Jat, resident of village Chimni, Tehsil and District Rohtak. He, along with seven acquitted accused, was tried in case FIR No. 36 dated 9.3.1996 registered at Police Station Kalanaur under Sections 147, 149, 332, 333 and 353 IPC. He was tried by the Court of Additional Sessions Judge, Rohtak, who found the appellant to be guilty of offence under Section 333 IPC and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/-. In default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) FIR Ex.PK was recorded on basis of statement made by Karan Singh son of Bharat Singh. In his statement, Karan Singh stated that he is a resident of House No. 733/19, Kailash Colony, Rohtak and was working as Junior Engineer in Irrigation Department. On 8.3.1996, he had deployed labourers in Kahanaur distributory, in discharge of his official duties. At about 2.30 P.M. when he reached at Burji No. 162700 he found that one pipe has been fitted unauthorisedly for using canal water. He got that unauthorised pipe removed and plugged the hole in the canal. At about 4.30 P.M. when he reached near Burji No. 164000 then one tractor came from the side of Kahanaur. About seven/eight persons were sitting on the tractor trolley. Those persons, after alighting from the tractor, dragged the complainant. They gave slap, fist and kick blows. He was given sound beating. At that time, from his right ear, blood started oozing out and his hearing was impaired. Those persons, after giving a push to the complainant in the canal, decamped from the spot riding on their tractor. Complainant stated that if the labourers had not reached at the spot, he would have been given more injuries. On the receipt of information in the Police Station, statement of complainant Ex.PB was recorded on the next day of occurrence i.e. on 9.3.1996 at about 3.30 P.M. As stated earlier, on the basis of statement Ex.PB, FIR Ex.PK was registered. The matter was investigated and report under Section 173 Cr.P.C. was submitted.

(3.) Present appellant Dharamvir, along with Munish, Puran Dass alias Pony, Kashmir, Ved Pal, Nasib Singh, Puran Dass, and Anand, was charged for offence under Sections 147 IPC, 332 read with Section 149 IPC, 333 read with Section 149 IPC and 353 read with Section 149 IPC.