INDRAJ AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this judgment we dispose of Crl. Appeal No. 477-DB of 1999 filed by Indraj, Gulzari and Om Parkash, appellants who are real brothers and sons of Ranjit Singh. Crl. Appeal No. 531-DBA of 2000, filed by the State of Haryana against Smt. Kela wife of Indraj, Smt. Meena wife of Gulzari and Smt. Shakuntla wife of Shri Om Parkash and also against the three convict- appellants referred to above, as the State has made a prayer that respondents No. 1 to 3 i.e. three ladies should also be convicted and sentenced in the same manner as conviction and sentence has been awarded to their husbands with the aid of Section 149 of the Indian Penal Code. Similar is the prayer made in Crl. Revision No. 380 of 1999, filed by Shri Hoshiar Singh complainant, who has also made a prayer that three ladies accused aforesaid should also be convicted and sentenced in the same manner in which the conviction and punishment has been awarded to their husbands respectively.

(2.) Indraj, Gulzari and Om Parkash (convict-appellants). Smt. Kela, Smt. Meena and Smt. Shakuntla (since acquitted) were charge-sheeted by the trial Court on the allegations that on 2.11.1998, at about 7.00 P.M. in the area of Pathawara, they formed an unlawful assembly and common object of which was to commit the offence of rioting and at that time they were armed with deadly weapons like lathi, Kulhari, Danda and stones and thereby committed an offence punishable under Section 148 of the Indian Penal Code. Second charge was that on the same day time and place and in furtherance of the common object of the said unlawful assembly Indraj caused Kulhari blow on the head of Matu Ram and caused his death and thereby he committed an offence punishable under Section 302 of the Indian Penal Code. The third charge against them was that they also committed an offence punishable under Section 302/149 IPC and the fourth charge against the accused was that they in prosecution of their common object caused simple hurts to Sadhu Ram, Daya Kishan, Jagdish and Mahabir and thereby committed an offence punishable under Section 323 read with Section 149 of the Indian Penal Code.

(3.) The three appellants Indraj, Gulzari and Om Parkash are the real nephews of Matu Ram deceased and they are the first cousins of Hoshiar Singh complainant who is the son of Matu Ram.