STATE OF HARYANA Vs. GURDEV SINGH

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal No. 225-DBA of 1985 and two Criminal Revisions No. 530 and 531 of 1984 both filed by Satpal Singh complainant against acquittal in two separate sessions trials held by Additional Sessions Judge, Sirsa.

(2.) Gurdev Singh and four other respondents in Criminal Appeal No. 225-DBA of 1985 were tried in Sessions Case No. 40, Sessions Trial No. 39 of 1984 under sections 3021307/148/149 of the Indian Penal Code, while Pala Singh and four others were tried in Sessions Case No. 45, Sessions Trial No. 40 of 1984 under sections 307/148 read with section 149 of the Indian Penal Code. Both, these challans arose out of common F.I.R. No. 141 dated November 5, 1983, registered at Police Station Ellenabad, District Sirsa, in the State of Haryana. The accused in the two cases having been acquitted by the Additional Sessions Judge by two separate judgments dated November 10, 1984, the State as well as the complainant have filed appeal and revision against the acquittal in the case under section 302 etc. I.P.C., The complainant alone has filed revision against the acquittal in the case under section 307 etc. I.P.C.

(3.) According to the prosecution, election to some co-operative society took place at village Amritsar Kalan in Tehsil and District Sirsa on November 3, 1983. One Sangram Singh son of Niranjan Singh contested the election on behalf of the complainant side, while one Bali Singh son of Hazara Singh contested on the side of Jaswant Singh alias Raj Singh, Sarpanch of the village. At the time of counting after the election, some altercation took place and in the course of the altercation, Baldev Singh son of Sadha Singh (deceased fn this case) gave a slap to Jaswant Singh Sarpanch. One Gurbachan Singh son of Mohan Singh came forward on the side of Jaswant Singh and grappled with Baldev Singh. Jaswant Singh picked up a brick-bat and hurled the same towards. Mohinder Singh, uncle of Baldev Singh, who was also present, hitting him on the head. The incident was witnessed amongst others by Satpal Singh and Mohinder Singh lived in different portions of the same house with a common entrance. Sadha Singh and h!s deceased son Baldev Singh lived in a nearby house across the street on the Western side of the house of Satpal Singh and Mohinder Singh. There is further no dispute that while Satpal Singh, Mohinder Singh and Sadha Singh owned separate tractors of their own, they had a common trolley which was with Satpal Singh on the date of the occurrence. Sadha Singh and his son Baldev Singh had come to take away the said trolley from Satpal Singh. Satpal Singh called his nephew Ranjit Singh son of his brother Mohinder Singh to enquire where he should give the trolley to Sadha Singh or he (Ranjit Singh) required the same. After talking for a few minutes, all the above named persons, namely, Satpal Singh, his brother Sadha Singh and his nephew Baldev Singh, son of Sadha Singh and Ranjit Singh son of Mohinder Singh came out in the street. The house of Satpal Singh opens on Satpal Singh, informant in the main case under section 302 I.P.C. However, through the intervention of others, the matter was compromised.