BASANT KUMAR AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Alongwith the present appeal, the Court intends to dispose of Criminal Appeal No. 17-SB of 1999 titled "State of Haryana v. Basant Kumar and Ors." and Criminal Revision No. 1118 of 1998, titled "Dharambir and Anr. v. State of Haryana and Ors." as all of them have arisen out of one and the same judgment of conviction and sentence passed by Additional Sessions Judge, Sonepat, on 27th/29th July, 1998.

(2.) Facts giving rise to the present case are that on 26.10.1994, at 5.30 P.M., Dharambir son of Shri Inder Mani, made a statement before the police in which he stated that he was an agriculturist by profession. His elder brother Sukhbir used to work at a petrol pump at Gohana. On 26.10.1994, at about 8.00 A.M., when the complainant and his brother Sukhbir were passing through the street adjoining their house, Basant Kumar son of Balbir, resident of the village came there. On seeing him, Sukhbir told him not to spread rumours about others. However, Basant Kumar insisted in doing so. When Sukhbir told that it was not the right thing, Basant Kumar felt enraged and stated that he would teach him a lesson. Saying this, Basant Kumar ran towards his house and after some time returned with his licensed gun. He was accompanied by his brother Krishan Kumar, who was carrying a sword and his father Balbir armed with a Jaili. On reaching there, Balbir raised a lalkara to teach a lesson to both of them for initiating an altercation. Upon this, Basant Kumar fired two shots from his gun which hit complainant Dharambir above his right knee. Krishan Kumar gave an injury with the sword on the left arm of Dharambir, as a result of which, he fell down. Basant Kumar fired a third shot which hit on front of the right calf of Sukhbir. Krishan Kumar gave an other injury with the sword on the left arm of Sukhbir, whereas Balbir wielded the Jaili in giving an injury on the waist of Sukhbir. When an alarm was raised, Ram Chander son of Deep Chand and a number of other villagers came attracted to the spot. According to the complainant, the attack was opened by the three accused with an intent to murder him and his brother. Both the injured were removed to Community Health Centre (CHC), Gohana from where they were referred to Medical College & Hospital, Rohtak.

(3.) On receipt of ruqa from CHC, Gohana, Head Constable Baljit Singh, first went there and on being informed that the injured had been referred to Medical College & Hospital, Rohtak, he went there and recorded statement of injured Dharambir, after obtaining opinion from the doctor about his fitness to make statement, on the basis of which, First Information Report No. 329 dated 26.10.1994, was registered at Police Station Gohana at 7.30 P.M., for the offences punishable under Sections 307, 324, 323 read with Section 34 of the Indian Penal Code and under Section 27 of the Arms Act.