GIANI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid appeals, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals have been instituted against the judgment dated 30.10.2009 and order dated 04.11.2009 rendered by the learned Sessions Judge, Sirsa, in Sessions case no.27 of 2007/2009 whereby the appellants along with co-accused Jagan Lal, Patram @ Patta and Vijay Kumar were charged with and tried for offences punishable under Section 148 IPC and Sections 302 , 307 , 323 , 324 , 325 , 326 , 506 read with Section 149 IPC. The appellants were convicted and sentenced as under:-

(3.) The case of the prosecution in a nutshell is that Bhajan Lal son of Thakar Ram made a statement Ex.PP on 20.08.2007 to the effect that he was a tubewell mechanic. About 10/15 days back, Dharmainder @ Billu son of Patram and Hawa Singh son of Harji Ram had taken a lady of loose character for sexual intercourse near petrol pump in the Narma field. They were noticed by the complainant's brother Subhash. His brother Subhash told Patram, father of Dharmainder @ Billu upon which Dharmainder and Hawa Singh etc. gave beatings to Subhash. The matter was compromised. On 19.08.2007 at about 9.00 PM, Dharmainder @ Billu, Mangat son of Harji and Vijay son of Harji abused while crossing the street. They were under the influence of liquor. It was objected to by the complainant and his brothers and father. Dharmainder and Hawa Singh threatened to teach them a lesson. Dharmainder and Jagna sons of Patta armed with gandasi, Mangat son of Harji armed with gandasi, Hawa Singh son of Harji armed with jelly and Rajinder son of Giani armed with kassi, Fatta and Harji armed with lathis, Giani son of Madan armed with lathi, and Vijay son of Giani armed with barchha came to the spot after 10/15 minutes. Dharmainder raised lalkara. The complainant's father tried to pacify them. However, they opened attack. Dharmainder gave a gandasi blow to Subhash on his head as a result of which he fell down. Mangat Ram also gave a gandasi blow on his right leg. Dharmainder also gave another blow on the right leg of Subhash. All the accused raised lalkara and also attacked Bansi, Thakar Ram and Subhash. The complainant due to fear went on the roof. The neighbours reached at the spot. Accused ran away from the spot. Complainant, Subhash and Prem sons of Net Ram arranged a vehicle. Subhash died in the Civil Hospital, Sirsa. Bansi Lal and Thakar Ram were medico legally examined. Inquest proceedings were completed. The dead body was sent for post- mortem examination. Investigation was completed. Challan was put up after completing all the codal formalities.