DHARAMBIR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants-Dharambir son of Suraj Bhan, Mange Ram son of Lehri and Krishan Kumar son of Mange Ram have filed this appeal against the judgment dated 21.11.2006 passed by the learned Additional Sessions Judge, Rewari whereby appellant-Dharambir has been held guilty for the commission of offence punishable under Section 325 of the Indian Penal Code ('IPC' - for short), appellant-Mange Ram for the offence under Section 323 IPC and appellant-Krishan Kumar for the offence under Section 302 IPC. By a subsequent order dated 23.11.2006, appellant Dharambir has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- for the offence under Section 325 IPC and in default of payment of fine, he was ordered to further undergo rigorous imprisonment for two months. Appellant-Mange Ram has been sentenced to undergo rigorous imprisonment for one year for the offence under Section 323 IPC.

(2.) Appellant-Krishan Kumar has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- for the commission of offence punishable under Section 302 IPC and in default of payment of fine, he was ordered to further undergo rigorous imprisonment for six months.

(3.) The brief facts of the prosecution case are that FIR was registered on the basis of application (Ex.PA) given by Puran Singhcomplainant to HC Bijender Singh (PW-15) at 2.15 a.m. on 11.5.2005 in which he stated that on previous night Banwara ceremonies regarding the marriage of Sandeep and Amardeep sons of Tek Chand were being solemnized. At about 11.30 p.m., when Banwara ceremonies were reached near the house of Rajbir, then in that Banwara ceremony, the complainant, his son Dharmender and his wife Shanti and other persons of village were present. Accused Dharambir abused his son Dharmender, upon which Dharmender asked Dharambir as to why he was abusing him. On this Dharambir became furious. Krishan son of Mange Ram having a 'Lathi', Mange Ram son of Lehri having a rod, Devender son of Mange Ram having a rod and Dharambir son of Suraj Bhan having a rod came at the spot. Devender inflicted a rod blow on the head of Dharmender, Krishan inflicted a 'Lathi' blow on the head of Dharmender. Dharmender fell down there. His wife Shanti fell on him in order to save him. Thereafter, Mange Ram inflicted a 'Lathi' blow on the head of Shanti and Dharambir inflicted a rod blow on the finger of the right hand of Shanti. Mange Ram and Dharambir also inflicted 'Lathi' and rod blows on the body of Dharmender and also inflicted injuries with fist and kick blows. On hearing noise of quarrel, Rajbir son of Suraj Bhan and Phool Singh son of Ram Sarup and the complainant rescued them otherwise they might have inflicted some more injuries. The accused attempted to murder his son Dharmender and his wife Shanti and the assailants had threatened them with dire consequences. Thereafter, they brought the injured to CHC, Bawal.