JAGAN @ JAGAN NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal preferred by Jagan @ Jagan Nath and others, namely, Bal Kishan, Taj Singh, Shamsher, Jagdish, Chander Pal and Satbir against the judgment of their conviction dated 29.4.2002 passed by Additional Sessions Judge, Rohtak vide which they have been held guilty and convicted for an offence punishable under sections 302, 324 and 323 read with section 34 of the I.P.C. and the order of sentence dated 30.4.2002 vide which they have been sentenced as under:- <FRM>JUDGEMENT_106_LAWS(P&H)7_2011_1.html</FRM>

(2.) Prem Raj, complainant is a resident of village Makroli Kalan. He was running a kiryana shop in his village. On 9.9.2000, at about 8.00 P.M., he was brick-lining the drain passing in front of his house. Shamsher, appellant came there in the meanwhile and told him that he would not allow him to place bricks on the drain. He even started removing the bricks and throwing them away. In the meanwhile, Jagdish, appellant armed with lathi came there. He gave a lathi blow on the head of Prem Raj. Shamsher, appellant who was having a knife with him, gave a blow with it near his right elbow. Thereafter, Chander Pal, appellant armed with an axe reached there and gave a blow with the same on the right wrist of the complainant. Satbir, appellant was carrying a brick and he gave a blow with the same on the left side of the head of the complainant. Smt. Bedo, the wife and Smt. Mewa Devi, the mother of the complainant along with Bijender son of Daya Kishan came to his rescue. They were also given blows by the aforesaid persons.

(3.) The injured were taken to General Hospital, Rohtak and on receipt of a telephonic message, Satya Ram,A.S.I. went to the hospital. A V.T. message was also received from Police Post, P.G.I., Rohtak about admission of Jit Ram with injuries. However, Satya Ram, A.S.I. first went to General Hospital, Rohtak and found Prem Raj, Bedo and Bijender admitted there. He came to know from Prem Raj that Smt.Mewa Devi, injured had been referred to P.G.I., Rohtak. He recorded the statement of Prem Raj in which, besides narrating the aforesaid version, Prem Raj had also added that the other injured would tell about the injuries caused to them by the assailants. He had also stated about their causing injuries to Jit Ram and others in their self defence. Satya Ram, A.S.I. then made his endorsement on the same and sent it to the police station on which Om Parkash, H.C. recorded the formal F.I.R. Satya Ram, A.S.I. had recorded the statements of Bijender and Bedo under section 161 of the Cr.P.C. He also received the medico-legal reports of all the four injured. He then went to P.G.I., Rohtak. He reached there at about 2.30 A.M. on 9.9.2000. There, he sought opinion of the doctor regarding fitness of Mewa Devi to make a statement. Mewa Devi was declared unfit to make statement. Then, he went to the spot and inspected the same on demarcation thereof by Balwan. He prepared a rough site plan thereof. He recorded statement of Balwan under section 161 of the Cr.P.C.