JAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN a criminal trial when two groups of people clash inter se with weapons and cause injuries to the members of the each group, before any responsibility for crime is settled, it must be decided as to who is the aggressor. It is also to be seen as to whether the prosecution has set up a believable and correct version of the occurrence and if not the Courts of law have to vouch-safe that there is no miscarriage of justice.

(2.) IN the given case the occurrence allegedly took place on 25.10.1992 around 9.00 P.M. in village Aungad, within the area of Police Station Nissing, district Karnal. When Mahinder PW.13 was passing through the street in front of the shop of Madan Lal, all the appellants, namely, Jai Singh, Ramesh Chand, Naresh, Mohan Lal, Pala Ram, Sat Pal, Madan Lal, Ram Parkash, Rajesh, Ram Bhaj and Jai Kumar fully armed were standing there with Gandasis and lathis in front of the shop of the Sat Pal. Sat Pal appellant-accused raised a lalkara to teach him a lesson for making less payment of the crackers and inflicted a Gandasi blow on the right leg of Mahinder and when Mahinder was being rescued by Ishwar, he too was given Gandasi blows from the reverse side by Pala Singh appellant causing injuries on his face jaw and chin; Madan Lal inflicted two lathi blows on his face: Jai Kumar gave four lathi blows to Ishwar out of which two fell on his hand and two on his chest; on hearing alarm Shambhu deceased came to the spot when Ram Bhaj inflicted a lathi blow on his head; Ramesh gave a lathi blow on the knee of left leg of Shambhu. In the meantime Murti Devi wife of Ishwar Singh and Mahinder came to the spot and Jai Singh appellant gave a lathi blow to her on her head; Naresh gave a lathi blow on her back; Jai Singh and Naresh also gave lathi blows on the legs of said Mahinder. Ganpat PW.12 came to the scene of occurrence and he was given a Gandasi blow on his right arm by Mohan Lal appellant as the latter had tried to rescue the injured. Still Ram Parkash and Rajesh appellants inflicted Gandasi blows on the shoulder and on the back of the palm of right hand of Ganpat. Siri Pal son of Ganpat and Satta raised alarm to dissuade the appellants from committing further assaults. The assailants fled away along with their weapons. The injured were removed to the hospital.

(3.) ON receipt of ruqa Ex.PH regarding the admission of injured in Civil Health Centre, Nissing, ASI Ram Karan PW.14 went there and he came to know that the injured have been referred to Civil Hospital, Karnal. Thereafter he went to Civil Hospital, Karnal and moved an application Ex.PJ/1 with regard to the fitness of the injured to make a statement. Shambhu Ram was declared unfit whereas Ganpat and Ishwar were declared fit to make their statements. He thereafter recorded the statement Ex.PV of Ganpat PW.12 in the said Hospital on 26.10.1992 at 1.15 P.M. and sent the same to the Police Station for registration of a case and on its basis formal F.I.R. Ex.PO was recorded at 2.30 P.M. The clothes of the injured were taken into possession vide memo Ex.PW. Thereafter he went to the scene of occurrence and prepared rough site plan Ex.PY and lifted blood-stained earth which was taken into possession vide memo Ex.PX. Later on the accused were arrested and recoveries of weapons of offence was effected. After the death of the Shambhu Ram, the offence was converted to that under Section 302 of the Indian Penal Code. SI Surinder Kumar PW.8 on receipt of the information about the death of the Shambhu Ram went to Civil Hospital, Karnal and prepared inquest report Ex.PK/1 and sent the dead body for post mortem.