RAVINDER AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this application is for suspension of sentence of imprisonment of the applicant-appellant No. 2 Anil Kumar son of Kartar Chand, during the pendency of the appeal.

(2.) In the incident that occurred on 9.6.2007, it is alleged by the complainant Dinesh @ Manga, that there had been a dispute with Ravinder (appellant No. 1) regarding the smoke that was being emitted from his Tandoor (oven) which used to come in the shop of the complainant. Despite requests being made in this regard, the appellant No. 1 Ravinder, did not pay any heed to the same. On 9.6.2007, at about 8.30 p.m., the smoke that was emitted from the Tandoor (oven) of the appellant No. 1 Ravinder, entered their shop. The complainant Dinesh, asked the appellant No. 1 Ravinder, to put off the smoke of the Tandoor (oven) that was entering their shop so that he may work. On this, the appellant No. 1 Ravinder started abusing him. In the meantime, Anil @ Nilu and Varun @ Sonu (appellants No. 2 and 3), who were present in the shop, came out from the 'Dhaba' in front of his shop and all three started beating him (Dinesh). On hearing his cries, his cousin, Hanish @ Hanny (deceased), who was present at the General Store of one Ashok Kumar (PW2) also came there in order to help him. When Ashok Kumar (PW2) and Hanish (deceased) tried to intervene, then all the three appellants No. 1 to 3 gave a beating to them. All of a sudden Ravinder (Appellant No. 1) and Anil (Applicant-Appellant No. 2) caught hold of Hanish @ Hanny (deceased) from his arms and Varun @ Sonu (Appellant No. 3) thrusted a 'Sariya' (iron rod) which is used in the Tandoor in the chest of Hanish @ Hanny (deceased). As a result of which Hanish fell on the ground.

(3.) Learned counsel for the applicant-appellant No. 2 has submitted that the role attributed to Anil (applicant-appellant No. 2) is that he caught hold of Hanish @ Hanny (deceased), who was inflicted a 'Sariya' blow by Varun @ Sonu (appellant No. 3).