DHARAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Dharam Pal, one of the convicted accused, has filed the present appeal against the judgment and order dated 7.3.1996 passed by Additional Sessions Judge, Karnal whereby he was convicted under Section 326 IPC and sentenced to rigorous imprisonment for three years and to pay a fine of Rs.11,000/-. In default of payment of fine, he was directed to further undergo rigorous imprisonment for six months. The occurrence in question had taken place on 23.6.1993 at 7.00 P.M. in the area of village Kharha Sahab. At that time, Chander Bhan injured, while going from his house to the Bara, reached near the Chopal and saw the three accused standing there, who had come out in the street from the house of Dharam Pal accused. Dharam Pal accused was carrying gandasi, Mihan Singh accused with lathi, while the third accused Roshan Lal was empty handed. A lalkara was raised by Roshan Lal to catch hold of Chander Bhan as he was going all alone. Dharam Pal inflicted gandasi blow on the head of Chander Bhan, who raised an alarm that he was being attacked. His alarm attracted his mother- Sundero Devi to the spot, but she was also given a lathi blow on the dorsum of her left hand by Mihan Singh accused. The occurrence was also seen by Suraj Bhan, brother of Chander Bhan injured, who rescued the victims from the assailants. Both the injured were later on got admitted in the hospital.

(2.) The cause of the occurrence was that there used to remain a dispute between the complainant on the one hand and the accused on the other over the distribution of Bara. Even ten days earlier to the incidence in question, there was exchange of abuses between them. However, the matter was resolved at the intervention of the Panchayat. Inspite of this, the accused nourished a grudge against them. On the basis of statement made by Chander Bhan injured before the police on 24.6.1993, FIR Ex.PQ/2 was registered at Police Station, Pehowa. Pursuant to the registration of the FIR, the police arrested the accused. Mihan Singh accused produced the lathi said to have been used by him, while Dharam Pal accused got recovered gandasi on the basis of the disclosure statement made by him. Initially, FIR stood registered for offences under Sections 323, 326/34 IPC but, later on, after obtaining opinion Ex.PM/1 from the doctor about the injury on the person of Chander Bhan injured being dangerous to life, the police added the offence under Section 307 IPC to the heading of the FIR. The accused were re-arrested and, thereafter, released on bail. After completion of the investigation, the police presented final report under Section 173 Cr.P.C. against all the three accused. It was followed by commitment of the case to the Court of Session, where vide order dated 4.4.1994 charges under Sections 307/326/324/323/34 IPC were framed against the accused.

(3.) In support of its case, the prosecution examined PW1 Dr. K.K. Chawla, who proved his report Ex.PA vide which he found depressed fracture of left parietal bone of Chander Bhan injured on the basis of his radiological examination. PW2 Dr. Jagmal Singh deposed about the medico legal examination of Roshan Lal accused. He also stated on the basis of the x-ray report that there was depressed fracture of left parietal on the person of Chander Bhan injured. PW3 SI Chandgi Ram deposed about presentation of the final report under Section 173 Cr.P.C. PW4 Dr. S.K. Nagpal deposed about medico legal examination of Chander Bhan injured on 24.6.1993 at 10.30 P.M. in CHC, Pehowa and noticed the following injuries :-