MAHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAJE Singh author of the F.I.R. is father of Ajit Singh (now deceased). Umrao Singh accused is real brother of Raje Singh aforesaid. Mahender and Virender, the remaining two accused are both sons of Umrao Singh: In the morning of October 30, 1989 Mahender son of Umrao Singh took his tractor from inside the Gowara crop of Raje Singh. Ajit Singh son of Raje Singh prevented him from doing so. Mahender abused Ajit Singh and said that he would teach him a lesson for preventing him from entering their field on a tractor after getting back home in the evening. In the evening at 6.30 PM on that day when Raje Singh was resting in his Baithak and Ajit Singh had come to the gate of the Poli after taking meals, all the three accused reached there. Mahender was armed with a knife; Umrao carried a Lathi and Virender accused was empty handed.

(2.) IMMEDIATELY on arrival Virender caught hold of AjitSingh from the back side and took him in his grip. Mahender inflicted the injury with his knife to Ajit Singh on the left side of his chest. Umrao Singh gave a Lathi blow to Raje Singh on the front side of his head. Raje Singh fell down on the ground. In lying down position Umrao Singh gave him three more Lathi blows which struck Raje Singn on his right wrist and left and right side of the back. Noise raised in the course of strife attracted Bans Singh father of both Umrao Singh and Raje Singh to the place of occurrence. On seeing him arrived, the three accused fled away from the place of occurrence. The complainant party also caused injuries to the accused in self defence. Ajit Singh died on way to Bawal Hospital. Injuries sustained by Raje Singh were, however, dressed by the doctor in the hospital. Thereafter, Raje Singh came to Police Station, Bawal and lodged F.I.R. No. 230 therein at 9.30 p.m. on October 30, 1989. Hence the prosecution.

(3.) WE have heard Shri S.C. Sibal, Sr. Advocate with Shri. R.K. Handa, Advocate, for the two appellants, Shri S.S. Goripuria, AAG Haryana for the State and have perused the entire material on record very carefully.