(1.) Pyare Lal and Purkha Ram accused-appellants were convicted vide judgment dated 26/28.2.2002 passed by the learned Additional Sessions Judge, Fatehabad and were sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5000/- each under Section 302 read with Section 34 IPC.
(2.) A brief resume of facts is that the houses of Pyare Lal and Purkha Ram as well as Mohan Singh- complainant (herein referred as, 'the complainant') and his brother Om Parkash are situated in the same vicinity, divided by a street of village Kirdhan. Pyare Lal was irritating the family of the complainant by urinating from the roof top while facing towards the house of the complainant, about which, wife of the complainant protested to her husband on 7.7.2000 and thereafter on 8.7.2000. She complained to the mother of Pyare Lal and then on 10.7.2000, when Pyare Lal again urinated by standing on the roof top of his house, Pushpa wife of the complainant again brought this fact to the notice of the complainant. At this, Om Parkash suggested that a complaint could be lodged against Pyare Lal in the police station. The complainant replied that he would first raise the protest before Purkha Ram so that Pyare Lal could be reprimanded by his father.
(3.) Thereafter, Om Parkash came across Pyare Lal and abused him for this mischievous act.