GURMEET SINGH AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant appeal has been filed by the appellants against the judgment and order dated 5/10.8.1998 passed by Additional Sessions Judge, Karnal, whereby they were convicted under Section 307 read with Section 34 IPC for causing injuries to Narender Singh PW3 on 3.8.1996 within the area of village Kheri Saraf Ali and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 2500/- each and in default of payment of fine, to undergo rigorous imprisonment for a period of one year more.

(2.) According to the prosecution, appellant-Gurmeet Singh while armed with a gandasi and appellant Mota @ Jaswinder Singh armed with a lathi assaulted Narender Singh at the tubewell of Hari Singh Pehalwan. The attack was opened by Gurmeet Singh, who gave a gandasi blow on the head of Narender Singh as a result of which, he fell down. Mota @ Jaswinder Singh ran after complainant Azad Singh but the latter was able to snatch his lathi. However, Mota @ Jaswinder Singh gave 2/3 kick blows to Narender Singh, who was lying on the ground.

(3.) The motive for the occurrence was that 4/5 days prior to the occurrence complainant-Azad Singh and his friend Narender Singh had a scuffle with appellant-Gurmeet Singh while they were playing cards. There was an exchange of abuses but the matter was pacified. Despite the same, on the day of occurrence, Gurmeet Singh again started abusing complainant Azad Singh and Narender Singh and raised a lalkara to teach a lesson to them for picking up a quarrel with him.