PIRTHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners were tried for offences under Sections 325/324/323/149 and 148 IPC for causing injuries to Balbir Singh, Ram Phal, Azad Singh and Mahabir, on 9.6.1986. Vide judgment and order dated 16.7.1996, Judicial Magistrate Ist Class, Hansi, convicted the petitioners for the said offences and sentenced them to undergo RI for three months each under Sections 148/149 IPC, RI for three months each under Section 323 IPC, RI for six months each under Section 324 IPC and RI for one year each under Section 325 IPC. The sentences were ordered to run concurrently. Aggrieved of their conviction and sentences, the petitioners filed an appeal but the same was dismissed by Additional Sessions Judge, Hisar, on 25.7.2002. The petitioners are now before this Court by way of revision filed under Section 401 Cr.P.C., whereby they have challenged their conviction and sentences, as mentioned above.

(2.) Azad Singh, one of the injured has also filed Criminal Revision No. 1995 of 2002 with a prayer for enhancing the sentences of imprisonment imposed upon the petitioners and for grant of adequate compensation. As both the revisions have been filed against one judgment passed by Additional Sessions Judge, Hisar, they are being disposed of by one order.

(3.) According to the prosecution, the FIR was registered on the basis of a statement made by complainant Balbir Singh on 10.6.1986. He stated therein that on the previous night it was turn of Azad Singh for taking canal water and subsequent thereto the complainant was to have the turn so as to irrigate his fields. Therefore, his brother Mahabir alongwith Azad Singh had gone to the fields. Infact, Azad Singh was to take the turn of water after Pirthi-accused. When Azad Singh took the turn, he did not find the patra(stopper), which was to be used in the water course as the same had already been put to use by Pirthi- accused. Azad Singh and Mahabir tried to search the patra and noticed that it was in the bandh of Pirthi. Azad Singh protested with Pirthi as to why the patra was used in the bandh. On this an altercation took place between them. Azad Singh and Mahabir returned to their fields. After sometime when Azad Singh and Mahabir went back for checking the nakka, which was at a distance of 11/2 acres from their fields, they found Pirthi, Baldeva and Pat Ram hiding there. On seeing Azad Singh and Mahabir they opened an attack upon them. An alarm was raised by Azad Singh and Mahabir, which attracted the complainant and Ram Phal to the said place. They found all the petitioners present there. At that time, Pirthi was armed with a gandasa while the remaining accused were carrying lathis and jailis. Pirthi gave a gandasa blow on the head of the complainant. Baldeva while armed with lathi and Pat Ram while carrying jaili pounced upon the complainant, as a result whereof the complainant fell down and could not see as to who had caused injuries to whom. After causing injuries, all the accused left the spot while carrying their respective weapons. On the next morning, Balwant and Hawa Singh reached the fields and they found complainant Balbir Singh alongwith Ram Phal, Azad Singh and Mahabir lying there in injured condition. All the injured were removed to the hospital where they were medico-legally examined.