ARVIND AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THERE is a rehri market near the crossing of the market of Sectors 10 & 15 of Panchkula where the fruit sellers park their rehris/fruit carts to enable them to display and dispose of their fruits. The hawkers/vendors duly obtain licences for parking of their rehris and running business from the Local authority like Municipalities. It was as back as on 17.11.1987 that one Rama Nand (PW4) had his rehri in the said market and another person Mohinder Singh (PW5) also had a rehri. They wanted to do their business in the front row so that they could attract customers easily and pick up their sale. Since they were having their rehris a bit on the back side, they were feeling that they had to return home without any income. Rama Nand's brother Mahavir (deceased) had a Hotel just behind the rehri market. He was said to be selling and serving liquor also besides the fruits. So on the said date i.e. 16.11.1987 around 9.00 P.M. when the complainant (Rama Nand) and Mohinder Singh were talking with each other, a dispute arose amongst the accused and the complainant for bringing the rehri forward. Accused Arvind and Pun Pun alias Phun Phun who were close to the complainant's rehri caught hold of the complainant. Accused Vidhur gave him a Balli blow which hit him on his fore -head on right side. His brother, Mahavir, now deceased rushed for his help. Accused Vidhur had wooden Balli in his hand while accused Abhey Kumar alias Abhey Singh was armed with Sabbal made of iron. The remaining accused were armed with lathis. They uttered that they would teach him a lesson for positioning the rehri ahead of them. After complainant's brother Mahavir rushed for his help, accused Nirbhay, Vidhur and Arvind caught hold of him and accused Abhey gave a sabbal blow to Mahavir which hit him on his right Kanpatti. Mahavir fell down on receipt of this injury and started bleeding. All the accused then pounced upon Mahavir and gave him lathi blows. Ved Parkash and Mohinder Singh as also Dilbagh PWs intervened and rescued Mahavir from the accused assailants. Mohinder Singh and Ved Parkash carried on their avocation there. All the accused then fled away with their respective weapons. He and his brother were taken to the PGI, Chandigarh on a three -wheeler by Mohinder Singh and Ved Parkash and got them admitted there. Mahavir died at 5.30 P.M. on 17.11.1987.

(2.) RAMA Nand made a statement Ex. PK before Assistant Sub Inspector Hans Raj (PW11), who had made an endorsement Ex. PK/1 and sent the same to Police Station, Panchkula, where formal First Information Report Ex. PK/2 was recorded by Sub Inspector Maheshwar Singh. Special report reached the Illaqua Magistrate at 5.45 P.M. on 17.11.1987. Assistant Sub Inspector Hans Raj (PW 11) recorded proceedings under Section 174 of the Code of Criminal Procedure vide Ex. PX. He had taken into possession blood stained bushirt of the complainant Rama Nand through recovery memo Ex. PY, blood stained clothes consisting of Pajama underwear and sweater of Mahavir vide recovery memo Ex. PZ and sent them to the office of Forensic Science Laboratory from where a report Ex. PEE was received showing that Pajama and bushirt (shirt) were found to be stained with numerous medium and small sized blood stains, while sweater was found with a few medium and small sized blood stains, traces of blood too small for serological tests were detected on underwear (Kachha), Results of serological analysis indicated that human blood was found but the group was inconclusive. Deputy Superintendent of Police Khan Chand (PWS) inspected the spot and prepared a rough site plan Ex. PN with correct notes. He also examined the witnesses Dilbag Singh, Ved Parkash and Mohinder Singh under Sections 161 of the Code of Criminal Procedure. He arrested accused Arvind and Pun Pun alias Phun Phun on 19.11.1987 and they produced their weapons i.e. lathi and danda before him which were taken into possession vide memo Exs. PR and PQ. Sub Inspector Pala Ram (PW6) had arrested accused Abhay Singh and recorded disclosure statement and recovered a sabal through recovery memo Ex. PM/1. He has also prepared a rough site plan of the place of recovery of Sabal Ex. PM/2. After completion of investigation all the accused were challaned for offences punishable under Sections 148/302/323 read with Section 149 IPC. Post mortem of the deceased was conducted by Dr. Inderjit Dewan, Emeritus Professor of Anatomy and Forensic Medicines, PGI, Chandigarh (PW1), at 12.00 noon and found the following injuries on the person of the deceased:

(3.) RAMA Nand (PW4) was examined by Dr. Jimmy K. (PW2) Senior Resident, General Surgery, PGI, Chandigarh and he found one injury on his person: