RANDHIR SINGH AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused-appellants Randhir Singh, Dharminder alias Guddu and Sidharath (herein referred as 'the accused') were prosecuted for the offences under Section 307/324 read with Section 34 IPC for causing injuries to Gajraj Singh. Ultimately, vide judgment dated 7.10.1999 passed by the learned Additional Sessions Judge, Gurgaon, they were convicted under Section 326 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 2000/- each for the aforesaid offences.

(2.) Gajraj Singh complainant (herein referred as 'the complainant') a resident of village Wazirpur had four brothers, who were younger to him. The fields of the accused Randhir Singh and the complainant adjoin each other. Randhir Singh accused had constructed a hotel and a residential house on its back in the field. Due to common boundary between the complainant and the accused, their relations had gone strained and the accused were keeping ill will against the complainant. On 6.5.1995, Janak Singh @ Leelu brother of the complainant was working in the field. At about 1/1.30 p.m. Leelu went to the hotel of the accused and laid on the cot lying there. At this, the accused felt annoyed. Dharminder @ Gudu came out of the hotel and abused Leelu exhorting that he would make him taste of the fruits for breaking the boundary. Hearing the ruckus, the complainant also went towards the accused. When he was at a little distance, he saw that Dharminder came armed with kulhari and inflicted a blow on the head of Leelu which struck near his left ear. Sidharath and his father Randhir Singh also joined Dharminder. They were armed with lathies. Randhir Singh inflicted lathi blow to Leelu which hit on the left side of his head. Sidharath inflicted lathi blow on the right knee of Leelu. In the meanwhile, Dharminder inflicted two kulhari blows from its blunt side on the left leg below the knee joint. Sidharath inflicted lathi blow on the left eye of Leelu. Leelu cried "Mar ditta - mar ditta" which attracted Jai Pal and Partap who rushed to the spot and saved the complainant. They shifted Leelu to the General Hospital, Gurgaon from where he was referred to Safdarjang Hospital, New Delhi. On 6.5.1995, on receipt of medical ruqa regarding admission of Leelu, HC Ram Kumar reached the hospital and finding Leelu to be unfit to make statement, he recorded statement of Gajraj Singh complainant and sent the same to the police station, on the basis of which FIR was registered. Sumer Singh ASI, prepared the rough site plan of the place of occurrence; recorded statements of the witnesses; took blood stained earth into possession. Initially the case was registered under Section 324 read with Section 34 IPC, however, after obtaining opinion of the doctor offence under Section 307 IPC was also added. The accused were arrested, one Kuldeep Singh was also nominated as an accused of conspiracy and on completion of the investigation challan was presented in the court.

(3.) The accused were charged under Section 307/324 read with Section 34 IPC, to which they pleaded not guilty and claimed trial. Similarly, a charge under Section 120-B IPC was framed against Kuldeep Singh.