JAI NARAIN AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Learned counsel for the State has filed affidavits of Shri Sukh Ram, Superintendent, B.I. & J.Jail, Hissar, mentioning the period of imprisonment undergone by Kamla and Rupa @ Chanda-applicants/appellants No. 3 and 4 respectively. The same are taken on record. Heard learned counsel for the parties.

(2.) The criminal Miscellaneous application has been filed seeking suspension of sentence of imprisonment of applicants/appellants No. 3 and 4 namely Kamla and Rupa @ Chanda, during the pendency of the appeal.

(3.) The F.I.R. in the case has been registered on the statement of Rajinder Singh S/o Prem Chand, made before ASI Dharampal. It is alleged by the complainant Rajinder Singh that on 14.6.2007 at about 9/9.30 a.m., he and his brother Krishan were present in their house at village Budhakhera. His younger brother, Chhotu and nephew (sister's son), Sanjay (deceased) were sitting under the shade of Banyan tree inside their house. In the meantime Dalbir (appellant No. 2) united their ox and shooed him away. Thereupon, Sanjay (deceased) asked Dalbir (appellant No. 2) as to why he has untied their ox. Then Jai Narain (appellant No. 1) armed with 'Jelly' proclaimed that dispute regarding tethering of the cattle had become a routine affair and the same should be finished forever. On hearing this, Rajinder Singh and his brother Krishan came out of their house and the fight ensued. In the fight that ensued, it is alleged that Kamla(applicant/appellant No. 3), Roopa @ Chanda (applicant/appellant No. 4), Bimla and Modi caused injuries with a 'Danda' on the persons of Sanjay and Chhotu.