ASHISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through a judgment, drawn on 7/3/2019, by the learned Additional Sessions Judge, Hisar, upon Sessions Case No. 18 of 2017, in respect of the charges drawn against the accused under Ss. 307, 323, 506, 452 read with Sec. 34 of the IPC, he proceeded to convict the accused. Moreover, vide a separate sentencing order, drawn on 13/3/2019, the learned trial Court, proceeded to impose the hereinafter extracted sentence(s) of imprisonment, and, also sentences of fine, upon the convictaccused. <FRM>JUDGEMENT_250_LAWS(P&H)8_2022_1.html</FRM>

(2.) The convicts become aggrieved therefrom, and, through their respectively constituting Criminal Appeals bearing Nos. CRA-S-1571-2019, and, CRA-S-1681-2019, have strived to seek annulment(s) of the above drawn verdict of conviction, and, also of consequent therewith sentence(s), as became imposed upon them, thereupon, both the criminal appeals are amenable for a common verdict, being made thereons.

(3.) The genesis of the prosecution case becomes encapsulated in FIR No. 916 of 17/10/2016, lodged at Police Station Sadar, Hisar, and, to which Ex. P-28 is assigned. The appeal FIR is lodged at the instance of one Randhir. The appeal FIR narrates, that on 22/10/2016, a VT from control room, Hisar about the admission of complainant in Aadhar Hospital, Hisar was received, upon which HC Surender went to concerned hospital, and, collected ruqa and MLR but the injured was declared unfit to make the statement. The condition of the injured remained same till 16/10/2016. On 17/10/2016, when the injured was declared fit by the concerned doctor then he got recorded his statement to the police that he is a labourer by occupation and on 11/10/2016, at about 11.30 P.M., when he was sleeping inside his plot then 10/12 persons after entering the plot abused him and started beating him with lathis and dandas. When he raised noise then assailants went away and in those assailants one person was Kalia son of Dharampal and names of other persons he does not know. The assailants had come to his plot on the motor cycles. In the morning his wife, younger brother and son admitted him in the hospital. Upon his statement, formal FIR under Ss. 147, 149, 323, 452, 506 IPC was registered. During investigation injury No. 4 on the person of injured was declared dangerous to life whereupon offence under Sec. 307 IPC was added. In the further investigation, person named by the complainant was arrested, and, he suffered disclosure statement, whereupon offence under Sec. 147, 149 IPC were deleted, and, Sec. 34 IPC was added.