MOHD. JAHANGIR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal is preferred by Mohd. Jahangir, Mohd. Islam, Mohd. Ishak, Mohd. Azad, sons of Mohd. Kalim and Mohd. Kalim son of Altaf Khan against the judgment passed by the learned Additional Sessions Judge (Ad hoc), Faridabad on 28.08.2002, convicting the Appellants for an offence punishable under Section 302 read with Section 34 IPC and sentencing them to undergo life imprisonment and to pay a fine of Rs. 5000/ - each. In default of payment of fine, they shall further undergo rigorous imprisonment for six months. The Appellants were further convicted for an offence punishable under Sections 323 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for a period of six months.

(2.) THE prosecution case was set in motion on the statement of Jaipal son of Nain Singh, uncle of the deceased -Sunder, made to SI Ajit Singh on 29.07.1999 at about 8.30pm. In his statement (Ex.PD), Jaipal stated that his nephew Bijender is running a grocer's shop. He stated that today i.e. 29.07.2009 in the morning at about 6.30 am, Bijender went to Perhlad Pur for taking the bags of milk from Mother Dairy. After some time, Raju son of Sukan, who is residing in their neighbourhood came to their house and told him that near ganda nala cycles of Bijender and Mohd. Ishak son of Mohd. Kalim have struck with each other and Mohd. Kalim along with his sons Mohd. Ishak and Mohd. Islam are beating Bijender. On hearing this, he along with his nephew Sunder and Raju, who came to told them, rushed to the place of occurrence and saw that Bijender is being given beatings by Mohd. Kalim and his sons Mohd. Islam and Mohd. Ishak with sticks (dandas). They tried to rescue them, upon which Mohd. Kalim, Mohd. Islam and Mohd. Ishak threatened them that they will also see them. Thereafter, after they intervened, then Mohd. Islam gave a blow with lathi, in his hand, on the head of Sunder. In the meantime, two other sons of Mohd. Kalim namely Azad Anwar and Jahangir came there and gave brick blows on the head of Sunder. As a result thereof, Sunder became unconscious. They raised alarm, then Dharamvir son of Hari Singh and Ishwar reached the spot and rescued them. Thereafter, he along with Raju, Dharmvir and Ishwar removed Bijender and Sunder to B.K. Hospital, Faridabad, where Bijender was discharged after giving first aid, whereas Sunder was referred to Safdarjang Hospital for further treatment. On way, the condition of Sunder deteriorated, therefore, they admitted Sunder in Batra Hospital, Delhi. On the basis of such statement, ruqa (Ex.PD/1) was sent to the police station for registration of an FIR. On receipt of ruqa, FIR (Ex.PD/2) was recorded at about 10.05 pm on the same day.

(3.) AFTER arresting the accused and on completion of necessary formalities, all the accused were made to stand trial for an offence punishable under Section 302 and 323 read with Section 34 IPC.