DARIYA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 6.3.2007 passed by learned Additional Sessions Judge, Jind, whereby it convicted the Appellants namely Dariya Singh son of Ram Chander; Ram Phal, Rohtash and Shamsher Singh sons of Dharma and Dalbir son of Ajmer for the offence under Section 302 read with Section 149 of the Indian Penal Code (IPC) and order of sentence dated 8.3.2007 sentencing them to undergo life imprisonment and to pay a fine of Rs. 2,000/- each. In default of payment of fine, the Appellants were directed to further undergo rigorous imprisonment for a period of six months.

(2.) Prosecution case was set in motion on the basis of statement (Ex. PA) of Pawan Kumar (PW-1) son of deceasedPirthi Singh made to ASI, Rajinder Singh, P.S. Sadar, Narwana on 10.4.2005. On the basis of such statement, ruqa was sent to the police station for registration of the FIR at 9.00 am and the FIR (Ex. PG) was registered at 1.10 p.m. Pawan Kumar in his statement (Ex. PA) stated that yesterday on 9.4.2005 at about 10.15 p.m., he and his father Prithi Singh were sitting at their house. Gurchadi on account of marriage of Krishan son of Dharma was being carried. Shamsher Singh, Ramphal and Rohtash sons of Dharma, Ajmera and Dalipa sons of Ram Chander, Dalbir son of Ajmera were part of marriage party. They had consumed liquor. When Gurchadi was in front of their house, some children committed mischief in Gurchadi. They started raising dispute and started abusing. He told them not to abuse. On this Shamsher Singh, Rohtash, Ramphal Ajmera, Dariya, Dalbir brought lathies and Krishan was armed with a saria. Ajmera, Dariya and Dalbir gave a lalkara that these persons should be taught a lesson. Thereafter, Shamsher Singh gave a lathi blow on the head of his father Prithi Singh and Rohtash gave a lathi blow on the left knee of his father and his father fell down. Thereafter, Ramphal gave a thrust wise lathi blow on the left eye of his father whereas Krishan gave a blow with saria on the left ankle of his father. On raising alarm, Vinod Kumar son of Ram Kumar, Om Parkash son of Harsarup and many other villagers came to the spot. Thereafter all the assailants ran away from the spot along with their respective weapons. He and Vinod Kumar arranged a vehicle and shifted his father to Civil Hospital, Narwana. He was medico legally examined by the doctor but due to the serious injuries, he was referred to PGIMS, Rohtak for further treatment. His father-Prithi Singh succumbed to the injuries on reaching PGIMS, Rohtak. The cause of grudge is the dispute raised by the children in the marriage.

(3.) The injured Prithi Singh was taken to Civil Hospital, Narwana at 10.15 p.m. on 9.4.005. He was medico legally examined by Dr. Rajesh Gupta (PW-3). As per the medico legal report (Ex. PC), Prithi Singh is stated to have received the following injuries: