STATE OF HARYANA Vs. KANSHI

JUDGEMENT

(1.) Criminal Appeal No. 118-DBA of 1982 is directed against the trial court judgment dated 27th August, 1981 acquitting all the three accused in Kanshi, Gurdeep and Santa Singh of the charges under Section 304/324 read with Section 34 of the Indian Penal Code. The long and short of the prosecution case against the three accused is that they were beating one Baru Bawaria around 6.30 P.M. on 12th November, 1980 near the house of Surjan Singh a Rai Sikh of village Mehmara, Tehsil Fatehabad, District Hissar of Haryana State. Four passers by Balbir, Bansi, Buta Ram and Raj all Bawarias, out of sympathy for Baru again a Bawaria, asked the accused as to why they were beating him. The accused then left Baru and directed their aggression towards four persons aforesaid. Santa Singh accused was armed with a Kirpan, Dalip Singh wielded a Gandasi and the third co-accused in Kanshi again had a Kirpan.

(2.) Santa Singh accused attacked Balbir Singh, author of the First Information Report with his Kirpan. Balbir raised his arms to save himself. The blow, therefore, fell on his left wrist. Dalip Singh gave a gandasi blow to Bansi Lal which struck him on his forehead, left hand thumb and left cheek near the ear. Kanshi was charged with the aid of Section 14 of the Indian Penal Code of both the offences aforesaid under Section 304 and 324 read with Section 34 of the Indian Penal Code.

(3.) Vide its impugned judgment dated 27th August, 1981 learned trial court acquitted all the three accused on the grounds of (i) inordinate and unexplained delay in lodging the First Information Report; (ii) failure of the prosecution to explain the injuries on the person of Santa Singh accused and (iii) genesis of the fight having not been brought on record by the prosecution.