STATE OF HARYANA Vs. ONKAR SINGH AND OTHERS

JUDGEMENT

(1.) On 3.12.1990 at about 8.00/9.00 A.M., there was a dispute regarding the irrigation from a watercourse located in village Ahli Sadar inthe area of Police Station, Fatehabad. The complainant party claimed that they had a right to irrigate the fields from the said watercourse bit the accused party were of the view hat they had built this watercourse at their own expenses and it was their private watercourse. On that account there was a firing between the parties. Sher Chand (PW not produced) and Des Raj PW. 4 allegedly fired at the accused party and the pellets hit Kashmir Singh accused on both his thighs and thumb of left hand; lower portion of the right leg of Sardul Singh accused; on the left leg of Subeg Singh injured on the left calf and too of Gurdev Singh accused with very minor injuries and for that a cross challan was brought in the Court, while in this case, it was claimed that Billa Singh alias Avtar Singh fired at Hamam Chand, Eight persons were made accused in the aforesaid case in which the complaint party in this case was the accused party. The learned trial Court in that case acquitted six accused although mentioning that there was a delay of at least 20 hours in lodging the first information report.

(2.) On receipt of ruqa from the Civil Hosptial, SI Sher Singh PW. 5 went to the hospital and recorded the statement of Harnam Chand Ex. PE on 5.12.1990 and after making his endorsement did not send the same for registration of a case as a cross case has already been registered. He investigated this case along with the cross case already registered vide F.I.R. No. 546 dated 4.12.1990. He then went to the spot and prepared rough site plan Ex. PD of the occurrence and arrested Mohan Singh, Sardul Singh and Subeg Singh. The other accused except Kashmir Singh were arrested on 30.12.1990 whereas Kashmir Singh was arrested on 31.12.1990. After completion of the investigation, the accused were put to trial.

(3.) Dr. S.P. Mimani PW. 1, on 4.12.1990, at 3.10 A.M. medico legally examined Hamam Chand PW. 3 and found the following injuries on his person:-