SANT KUMAR AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The accused-Petitioners were tried for causing simple and grievous injuries to Kanhaiya Lal, Om Parkash and Omkala. Consequently, vide judgment dated 22.1.2000, the trial court convicted and sentenced the accused to undergo rigorous imprisonment for 2-1/2 years and to pay fine of Rs. 500/-each under Section 326/34 IPC, rigorous imprisonment for six months under Section 323/34 IPC. However, the Appellate Court while holding the occurrence as a result of free fight, acquitted Krishan Kumar, Prem Lata and Shakuntla under Section 326 IPC. However, while convicting them under Section 323 IPC, released them on probation. However, conviction of accused Sant Kumar under Section 326 IPC was ordered to be maintained with the modification in the sentence which was reduced to two years.

(2.) The case was registered on the statement of Om Parkash injured, who disclosed that their house and the house of the accused Krishan Kumar are situated in the opposite direction. There was a dispute about the raising of the construction in the common passage, however, about a months prior to the occurrence, the same was settled due to the intervention of the Sarpanch of the village.

(3.) On 8.6.1992, at about 6/6.30 A.M. the complainant Om Parkash along with his uncle Kanhaiya and sister Omkala was present in his house. The accused Krishan Kumar started digging foundation in the common passage. However, his uncle Kanhaiya asked Krishan Kumar not to do so and to honour the decision of the Panchayat. In the meantime Sant Kumar armed with farsi, Prem Lata and Shakuntla empty handed arrived there and quarrel arose. On hearing the sound, the complainant party also came out of the house. Thereafter, the accused Sant Kumar while exhorting to teach a lesson for not allowing them from digging foundation in the common passage inflicted farsi blow below the left eye of Kanhaiya. Accused Krishan Kumar inflicted lathi blow on the legs of Kanhaiya. However, when the complainant and his sister Omkala tried to rescue his uncle Kanhaiya, accused Krishan Kumar inflicted a lathi blow on the head of Omkala. The accused Prem Lata pelted stones which hit the right foot of Omkala. The accused Shakuntala inflicted leg and fist blows to Omkala. When the complainant tried to rescue his sister, then Krishan Kumar gave a stick blow thrust-wise on his front tooth and the accused Sant Kumar inflicted farsi blow on his right foot. Hue and cry raised by the injured had attracted Ranbir Singh and Sri Ram who had witnessed the occurrence and had rescued the injured.