SHER CHAND AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The parties to this criminal litigation are agriculturists and hail from village Ahil Sadar, within the area of Police Station, Fatehabad district Hisar. The complainant side Kashmir Singh PW. 5 and others had purchased agricultural land. They had constructed a private watercourse for irrigation of their land. The accused persons claimed that they had a right to irrigate their land from the said watercourse. On 3.12.1990 at about 8.00 or 9.00 A.M. Kashmir Singh PW. 5 and his brother Mohan Singh went to their watercourse. Shera Ram, Harnam Chand, Puran Chand and Des Raj accused were present there and they were following canal water through the watercourse and were taking the same to the grave yard land. Kashmir Singh asked them to take the flow of water through some other watercourse as he has to take the water of his tabewell through the watercourse to his other field. The aforesaid four accused told him that they will not accepted his demand and challenged that he may do whatever he could do. Thereafter,Kashmir Singh and Mohan Singh come back at their house.

(2.) On the same day at about 8.00 or 8.15 A.M. the buffalo of Kashmir Singh strayed and ran to the tubewell. He followed the buffalo. Seeing Kashmir Singh at the tube well, Shera Ram and Des Raj armed with guns, Puran Chand and Gian Chand armed with lathis. Sunder Dass armed with an axe, Kakka Ram, who was having a pistol around his waist and was having a lathi in his hand, Subhash Chand armed with Gandasi and Harnam Chand armed with lathi raised a lalkara that Kashmir Singh be not allowed to escape and he should be taught a lesson for trying to prevent them from taking water through the water-course. Kashmir Singh raised a lalkara which attracted Sardul Singh, Subeg Singh and Gurdev Singh. Puran Chand accused threw a stone which hit Kashmir Singh on his nose. There was a brick batting. On the exhortation of Puran Chand, Des Raj accused fired a shot from his gun which hit Kashmir Singh on his legs and thumb of left hand. Des Raj fires another shot from his gun which hit the lower portion of the right leg of Sardul Singh. The complainant side continued pelting stones in their self defence. On the exhortation of Kakka Ram accused Shera Ram fires a shot from his pistol hitting Subeg Singh on his left leg. Another shot was fired by Shera Ram which hit left leg of Gurdev Singh. Thereafter the accused party field away from the scene of occurrence. The injured were removed by Onkar Singh in a tractor to Fatehabad hospital where they were medico legally examined.

(3.) On receipt of ruqa from General Hospital, Fatehabad, SI Sher Singh PW. 8 went to the hospital and moved an application Ex. PL/2 with regard to the condition of the injured to make their statements. Vide opinion Ex. PN all the injured were declared unfit to make their statements. The injured were declared unfit to make their statements on 4.12.1990 vide opinion of the doctor Ex. PN/1. He recorded the statement of Kashmir Singh Ex. PD and after making his endorsement Ex. PD/2 he sent the same for registration of a case. Thereafter the said Sub Inspector went to the sentence of occurrence. He prepared rough site plan Ex. PR of the place of occurrence. He also lifted five empty cartridges Ex. PI or P.5 from the place of occurrence and took the same into possession vide memo Ex. PS. On 10.12.1990, Puran Chand, Subhash Chand, Gian Chand and Sunder Dass accused were arrested. At that time Sunder Dass accused was having Gandasi whereas Puran Chand and Gian Chand were having Gandasi whereas Puran Chand and Gian Chand were having lathis and Subhash Chand having a Kulhari and they produced the same which were taken into possession vide memos Ex. PT, PR, PV and PX respectively. Shera Ram and Des Raj accused were arrested on 16.12.1990. In pursuance of his disclosure statement Ex. PY Des Raj got recovered his gun which was taken into possession of his disclosure statement Ex. PZ got recovered 12 bore gun which was taken into possession vide memo Ex. PW1. On 5.1.1991, Harnam Chand accused was arrested. After completion of the investigation, the accused were put to trial.