MAHENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 9.10.1997 delivered by the Court of Additional Sessions Judge, Rohtak holding the present appellants guilty for offence under Sections 333/149 and 332/149 IPC. This appeal also assails order dated 18.10.1997 whereby appellant Dhani Ram was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.1000/- under Section 333/149 IPC and in default of payment of fine, to undergo rigorous imprisonment for one year. He was also sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/- and in default of payment of fine, he was to undergo rigorous imprisonment for six months under Section 332/149 IPC. Other four appellants, namely, Mahender, Rajinder, Ude Singh and Rohtash were sentenced to undergo rigorous imprisonment for three years under Section 333/149 IPC and to pay a fine of Rs.1000/- each and in default of payment of fine, to undergo rigorous imprisonment for one year. These four appellants were also sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/- under Section 332/149 IPC. The trial Court acquitted their co-accused Abhe Ram.

(2.) Present five appellants, namely, Mahender, Rajinder, Ude Singh, Dhani Ram and Rohtash are brothers. They were named as accused along with acquitted accused Abhe Ram in case FIR No.14 dated 18.1.1995 registered at Police Station Jhajjar under Sections 148, 332, 333, 342, 353, 506, 149 IPC.

(3.) Ombir Singh Bhoria, Field Kanungo, Jhajjar submitted a written complaint in the Court of Shri C.L.Mohal, Sub Judge Ist Class, Jhajjar. Subject of the complaint was regarding beating/kidnapping and snatching of warrants of execution. In the complaint it was submitted that on 17.1.1995, complainant Ombir Singh, Field Kanungo along with Satpal Singh, Patwari reached village Nangla for executing warrants of possession pertaining to execution No.76/10/92 arising out of Case No.314 of 1986, titled as Mahender Singh etc. son of Surjan, residents of Nangla v. Hoshiar Singh etc. High Court had stayed further proceedings in the above said case, therefore, the warrants could not be executed and writing to this effect was prepared. The parties were satisfied and had signed the proceedings. Then suddenly parties shifted the stand. They told the complainant that Girdawar Sahib, the proceedings drawn be torn and a fresh writing be drawn to the effect that party No.1 is in possession of the land. The complainant refused to entertain this assertion of the party. After some time, Mahender, Rajender, Ude Singh, Dhani Ram, Rohtash sons of Surjan and Abhe Ram son of Fakira started beating him. Thereafter, they took an iron rod handle of Eicher tractor and started beating the complainant and dragged him to their house. They snatched the documents from the hands of the Patwari. The Patwari ran away from the spot. They snatched woolen shawl, HMT watch and Rs.918/- cash from the complainant and locked him in a room, where he was forcibly beaten and liquor was poured in his mouth. Thereafter, they put the complainant in TATA 407. They tied the hands and feet of the complainant and threw him from the vehicle as a dog. Police reached at the spot. Accused had detained the complainant in a room. Thereafter, the complainant heard the noise of police, started knocking the door but accused threatened that they would kill the complainant, therefore, proceedings on warrants of possession could not be completed. Complainant made a request that action be taken against the accused and his articles be got recovered. This complaint was submitted on 18.1.1995. On the complaint, Judicial Magistrate Ist Class, Jhajjar made an endorsement directing the SHO, Police Station, Jhajjar to register an FIR and investigate the matter under Section 156(3) Cr.P.C. Thereafter case FIR Ex.PA/2 was registered on 18.1.1995.