TINKU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of seven appeals, bearing Nos. CRA-S-1949-SB-2002, CRA-S-1955-SB-2002, CRA-S-1960-SB-2002, CRA-S-140-SB-2003, CRA-S-152-SB-2003, CRA-S-153-SB-2003 and CRA-S-189-SB-2003, which have been filed by Tinku @ Gagandeep Verma, Bhola @ Avinash, Naresh Bura, Vinod Pandit, Sanjay Jakhar @ Arun Kumar, Anil Sahrawat and Kala @ Jagdeep, respectively, against the judgment of conviction, dtd. 26/11/2002, and order of sentence, dtd. 29/11/2002, passed by learned Additional Sessions Judge, Hisar, in Sessions Case No. 65 of 1997. Accused/appellants were held guilty for commission of offences punishable under Ss. 148, 307, 307/149, 323, 323/149, 324 and 324/149 IPC and each one of them were ordered to undergo sentence(s), as detailed in the following table: <FRM>JUDGEMENT_106_LAWS(P&H)12_2022_1.html</FRM>

(2.) Proceedings of trial in the present case were conducted in FIR No. 311, dtd. 8/11/1995, under Ss. 148, 149, 323, 324 and 307 IPC, registered at Police Station Civil Lines, Hisar. Since the impugned judgment of conviction and order of sentence is one and common, arising from one set of allegations, the facts are borrowed from Criminal Appeal No. CRA-S-1949-SB-2002, titled as "Tinku @ Gagandeep Verma v. State of Haryana".

(3.) FIR, dtd. 8/11/1995 (Ex. PA/1) in the present case was registered on the statement of Karampal (injured/complainant), with the allegations that he was a student of 10+2, Ramjas School, Sonepat, and on 6/11/1995, he had come to Hisar to meet his brother - Jaibir, who was studying in Vishvas School, Hisar. In the noon, at about 12:00 p.m., Karampal alongwith his friends Rakesh @ Bablu, Sandeep Chahal, Satyawan and Pardeep Sindhu, had gone to Gali No. 3, Jawahar Nagar, Hisar. There they found that all the appellants were already standing in front of a barber shop in Gali No. 3, Jawahar Nagar, Hisar. By going near to the accused party, they all asked Sanjay Jakhar @ Arun Kumar and others that sisters and daughters of all to be treated equal and on other day Rajesh Kundu should not have spoken bad words to the sister of Rakesh @ Bablu. Just on saying this, Sanjay Jakhar took out a knife from his pocket and did several attacks with knife upon Rakesh. Anil Sahrawat also attacked him with a rod, causing injuries on the stomach, both the forearms and nose of Rakesh. Rakesh fell down on the spot. When complainant - Karampal, Sandeep Chahal, Satyawan and Pardeep Sindhu tried to rescue Rakesh, Rajesh Kundu gave a kirpan blow to the complainant and Pandit (Vinod Pandit), who was armed with knife, and Naresh Bura, armed with hockey, caused injuries on all sides of the head as also on front and back side of left arm/pit of complainant - Karampal, with their respective weapons. Thereafter, Sanjay Jakhar etc. ran away from the spot with their respective weapons. Other associates of the accused also slapped and gave fist blows to the complainant and Rakesh.