RAJ KUMAR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants have preferred this appeal challenging their conviction and sentence under Section 148, 302, 323 read with Section 149 of the Indian Penal Code ('IPC' for short) as ordered by the trail court vide judgment/order dated 3.5.2007/5.5.2007.

(2.) Complainant Gulab Singh stated in his statement before Sub Inspector Manbir Singh that on 9.12.2005 at about 5.30 P.M. Pardeep Kumar son of his brother was returning to his house and was waylaid by Siri Bhagwan, Raj Kumar, Satish, Jagdish and Parveen and was beaten by them. Pardeep Kumar was rescued by Amar Pal and was dropped at their house. Hawa Singh narrated the said fact to the complainant. Complainant along with his brother Hawa Singh took Pardeep Kumar to the house of Rameshwar to lodge a protest qua beatings given to him (Pardeep Kumar) by his (Rameshwar) sons. Hawa Singh asked Rameshwar as to why his sons had given beatings to his (complainant) son Pardeep Kumar. Jagdish armed with musal, Satish, Raj Kumar and Siri Bhagwan armed with sticks and Parveen armed with jelly having one prong attacked them. Jagdish gave a musal blow on the head of Hawa Singh. As a result of this, Hawa Singh fell down. Parveen gave a jelly blow on the left side of head above the ear of Hawa Singh. Satish, Raj Kumar, Siri Bhagwan also inflicted injuries on the person of Hawa Singh with sticks. The complainant and Pardeep tried to rescue Hawa Singh and they were attacked by the assailants. The assailants caught hold of Hawa Singh from his hands and feet and dragged him inside the house and bolted the door. Bala, wife of Jai Bhagwan, threw brickbats on them. Hawa Singh succumbed to his injuries at the spot. The assailants had committed murder of Hawa Singh in connivance with each other for lodging protest to them qua beatings given to Pardeep Kumar by them.

(3.) On the basis of the statement of the complainant, formal FIR No. 494 dated 9.12.2005 was registered at Police Station Safidon under Section 148, 323, 302 read with Section 149 IPC.