STATE OF HARYANA Vs. MUKESH AND OTHERS

JUDGEMENT

(1.) STATE is in appeal aggrieved against the judgment dated 11.04.1997 passed by the learned Additional Sessions Judge, Sonepat, acquitting the respondents of the charges framed against them for the offences under Sections 148, 302, 325 and 323 read with Section 149 IPC.

(2.) THE prosecution case was set in motion on the statement of Harish Chander made to ASI Chattar Singh on 31.03.1996 at about 7.00 pm. In his statement (Ex.PC), Harish Chander stated that in front of their houses, houses of Prem Singh son of Ramehar, Karan Singh and Suresh, both sons of Jagdishare situated. About 8 years ago, a quarrel has taken place between him and sons of Ramehar and Jagdish i.e. Prem Singh, Karan Singh and Suresh in respect of the division of wall and street. Since then they are not in speaking terms with each other. On 28.03.1996 at about 12 o'clock, when he was in flour mill installed in their house, Prem Singh son of Ramehar, Karan Singh son of Jagdish and Ghansham son of Kanha, Subhash son of Dani Ram, Bal Kishan son of Molu Ram, Mukesh son of Bal Kishan and Smt. Munesh wife of Suresh came with a common intention having lathis in their hands. Prem Singh exhorted that he will teach a lesson. On this, Karan Singh, Prem Singh and Ghansham entered into his house. Karan Singh gave a lathi blow on his shoulder; Prem Singh gave lathi blow on his head; whereas Ghansham gave a lathi blow on his right shoulder. He rushed to the street, but was caught by Bal Kishan. Mukesh gave a lathi blow on his head as a result of which he fell down. Thereafter, Karan Singh gave a lathi blow on his left wrist. On hearing noises, Chandro wife of his younger brother Ram Phal; his son Sanjay Kumar; nephew Satish and Laxmi Narain son of his uncle Tara Chand rushed at the spot to rescue him. Then Mukesh gave a lathi blow on the head of Chandro wife of Ram Phal as a result of which she fell down. Then Karan Singh and Prem Singh gave lathi blows on her, while she was lying. They also inflicted injuries to Satish, Laxmi Narain and Sanjay Kumar. On hearing their noise, his brother Ram Phal and Suresh son of Sat Narain rushed at the spot. On seeing them, all the accused left the spot with their respective weapons. He further stated that he himself, Satish, Laxmi Narain were hospitalized, but stand discharged, whereas Chandro was admitted in the Civil Hospital, Gohana. He stated that Chandro made her statement on 28.03.1996 to the Police in the Hospital. Due to seriousness of injuries and not being in fit condition, she did not make her statement properly and did not mention the names of Karan Singh and Ghansham in her statement. On the basis of such statement, ruqa (Ex.PC/1) was sent to the Police Station for registration of an FIR. On receipt of ruqa, FIR (Ex.PC/2) was registered at about 7.30 pm on the same day.

(3.) WITH the assistance of the learned counsel for the parties, we have gone through the record and found that there is no illegality or perversity in the judgment passed by the learned trial Court, which may warrant interference in appeal.