KATARA AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Learned counsel for the State has filed five affidavits of Sh. Sanjeev Kumar, Deputy Superintendent, District Prison, Karnal mentioning the period of imprisonment undergone by Katara (applicant-appellant No. 1), Dheer Singh (applicant-appellant No. 2), Babu Ram (applicant-appellant No. 4), Suresh (applicant-appellant No. 7) and Shugna (applicant-appellant No. 9). 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. 1, 2, 4, 7 and 9 during the pendency of the appeal.

(3.) The case of the prosecution is that ASI Rattan Singh alongwith other police officials on 20.11.2008 was present at General Hospital, Panipat in connection with investigation in another case. There he received information that Mulla Ram (complainant) who was admitted in Prem Hospital, Panipat had been referred to PGI Rohtak and he intended to make a statement to the police. The police party headed by ASI Rattan Singh reached Prem Hospital, Panipat and after obtaining opinion of the Doctor regarding fitness of Mulla Ram recorded his statement. According to Mulla Ram, Attar Singh (PW1) a resident of his village purchased a 'gher' and a house from Harish. However, Attar Singh (PW1) had not taken its possession. On that day i.e. 20.11.2008, Mulla Ram, Attar Singh, Sunder Pal (deceased), Jagwinder, Ramesh and Rakma had gone to village Goela Khera to take possession of the said 'gher' and house. While taking possession of the house purchased by Attar Singh, accused Arvind and his wife Rajesh who were present there raised resistance. On this account, an altercation ensued between the two sides and on hearing the commotion, the appellants' side armed with lathi, jellies and gandasies came there. Arvind, Surender (not sent up for trial) son of Dheer Singh (applicant-appellant No. 2), Surender son of Roshan and Rajbir gave lathi blows to Sunder Pal (deceased) son of Attar Singh (PW1) on his head and on his person due to which he fell down. Satbir son of Babu Ram gave many lathi blows on the person of Mulla Ram's legs. Mainpal also gave repeated lathi blows on his hands. Dheera (applicant-appellant No. 2) gave repeated lathi blows on his head and waist. It is stated that his other companions to whom accused had inflicted injuries would explain their injuries.