SUBHA ALIAS SUBHASHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Criminal Appeal No.D-593-DB of 2014 has been filed by Subha @ Subhash, while, Criminal Appeal No.D-622-DB-2014 has been filed by Hoshiyar Singh, Pardeep and Satbir. Both the appeals are instituted against the judgment and order dated 11/12.03.2014 rendered by the Additional Sessions Judge, Narnaul in Sessions Case No. RT-15 of 2010 whereby the appellants, who were charged with and tried for offences punishable under Sections 323, 325, 341, 302, 427 read with Section 149 of the Indian Penal Code (for short 'IPC') and sentenced as under:-

(2.) The case of the prosecution in a nutshell is that on 29.11.2009, a medical ruqqa and MLR was received in Police Station Kanina that one Harish was admitted in CHC Kanina having sustained injuries in a scuffle. Another injured Rajender had been referred to PGIMS Rohtak without MLR. On this HC Satbir reached CHC Kanina and moved application before the doctor regarding fitness of Harish to make statement. The doctor informed that Harish had been referred to PGIMS Rohtak. But it was learnt that Harish had been admitted in Virendra Hospital, Rewari. HC Satbir reached the hospital and after obtaining opinion regarding fitness of Harish to make statement recorded his statement Ex. PA on 30.11.2009.

(3.) Harish stated that he was studying in 10th class in B.R. Senior Secondary School, Sehlang. He was a member of volley ball team of his school (B.R.Adrash Senior Secondary School, Basai Raod, Sehlang). On 29.11.2009 their team had gone to village Bawal for playing. After taking part in the game they were returning from the school at Bawal to Sehlang in the school bus of their school. The PTI and the Principal Rajinder were accompanying them. At about 6.15 PM the bus reached near the forest of Chellawas. The bus was being driven on its correct side. The driver of an Alto car gave an indication for the bus to stop. When the bus stopped the driver of the Alto car asked the driver of the school bus as to why he had not given side to him. The teachers of the school tried to persuade him not to quarrel. The number of the Alto car was HR26AE/4835 and the driver disclosed his name as Hoshiyar son of Roop Ram. He threatened to teach the driver of the school bus a lesson and started driving his car ahead of the bus. He called his associates on the mobile. Near the railway crossing at Ateli Road, Kanina near the forest he forced the bus to stop by blocking the way. Meanwhile, 6/7 persons having lathis and dandas in their hands come on 2/3 motorcycles. Just as the Headmaster of the school alighted from the school bus Hoshiyar, the driver of the Alto and the 6/7 persons started beating the Headmaster with their lathis and dandas. When he (Harish) tried to rescue the Headmaster then Hoshiyar Singh gave one lathi blow on his left hand. The other persons also started beating him with lathis and dandas. On noise being raised the PTI, the driver of the school bus and other boys of the team got down from the bus and rescued them. The accused left threatening that today they had escaped but would be killed in the future. Due to the injuries the Headmaster became unconscious. The assailants also broke the window panes of the bus on all four sides by hitting dandas. They had inflicted injuries unnecessarily due to the enmity for not giving side to Alto by the bus driver. The PTI and the driver of the school bus got him (Harish) and the Headmaster admitted at CHC Kanina for treatment. From there he was referred to PGIMS, Rohtak but his family got him admitted in a Hospital at Rewari. He stated that he could identify those 6/7 persons if they came in front of him.