STATE OF HARYANA Vs. ATMA RAM

JUDGEMENT

(1.) This is an appeal against the judgment of the learned Additional Sessions Judge, Hisar, dated May 2,1994, where by all the accused have been acquitted of the charge under Sections 304, 323, and 148 read with Section 149, Indian Penal Code.

(2.) The prosecution case in brief is that Hazari Lal complainant is the owner of 15 killas of agricultural land in village Matana in District Hisar. He has installed a tubewell for irrigating the said land. Sat Narain and Atma Ram also own agricultural land at a distance of about 10 killas from the land of Hazari Lal complainant. There is a common path which goes through the land of the complainant for going to the land of the accused. The accused part was in use of the said path since long. The complainant had also constructed a pucca drain along side the said path within the boundary of his fields. It is alleged that the land of the complainant is situated on both sides of another path which goes from village Matana to village Dhanger. The water of the tubewell of the complainant reaches the pucca drain after passing through two culverts, which are made of cement. Cement pipes had been buried under the earth along side both the paths. It is alleged that the complainant had obtained a stay order dated January 4, 1988, restraining the accused party from demolishing the drain and the culverts.

(3.) It is the case of the prosecution that at about 8 A.M. on May 31, 1988 complainant Hazari Lal, his son Hans Raj, his son-in-law Makhan and Bazigar Sultan were present at the tubewell of the complainant. At that time accused Sat Narain armed with gandasi, accused Atma Ram, Partap, Sohan Lal, Ram Nath, Kharag Singh and Rameshwar, all armed with lathis came there from the side of village Matana. They started hurling abuse on the complainant party. They started demolishing the cement pipe of the culverts which was buried under the path leading to the fields of the accused. It is alleged that the complainant party requested the accused with folded hands not to demolish the culverts as a stay order had already been obtained by them from the Civil Court against them (accused). Upon this, accused Sat Narain gave two gandasi blows on the head of Hazari Lal, Sohan Lal inflicted a lathi blow on his left knee. Then accused Atma Ram gave a lathi blow on the right arm of Sultan (since deceased). Ram Nath accused also gave a lathi blow on the left shoulder of Sultan, Kharag Singh, Partap and Rameshwar accused inflicted lathi blows to Makhan on his arms and head. Hazari Lal complainant after receiving the injuries, fell down. The accused then caused injuries to Hans Raj (P W. 9). In the mean time Dalip Kumar (P.A.10) reached the spot. He rescued the members of the complainant party from the clutches of the accused. It is also the case of the prosecution that the members of the complainant party also caused injuries to the accused in their self defence. After the occurrence, the accused field away from the spot.