STATE OF HARYANA Vs. BAHADUR

JUDGEMENT

(1.) VIDE this order on Criminal Appeal No. 548 DBA of 1986, filed by State of Haryana against Bahadur and others and Crl Appeal No. 257 SB of 1986, filed by Bahadur and Gopi Ram accused, and Crl Revision No. 1221 of 1986, filed by the complainant Bahadur Singh and others are being disposed of.

(2.) SESSIONS Judge, Hissar, on April 4, 1986, acquitted the three accused; Bahadur, Gopi Ram and Ram Karan of the charge framed under section 302 read with Section 34, Indian Penal Code. However, he convicted Bahadur and Gopi under section 304, read with Section 34, Indian Penal Code. Two accused Bahadur and Gopi were further convicted under section 324 with section 34, Indian Penal Code. The third accused Ram Karan was, however, acquitted of all the charges. Bahadur and Gopi accused were sentenced to undergo rigorous imprisonment for 10 years under section 304 (1) read with section 34, Indian Penal Code and one year's rigorous imprisonment under section 324 read with section 34, Indian Penal Code. Both the sentences were ordered to run concurrently. State of Haryana and Vijay Singh complainant challenged the aforesaid order on the ground that offence committed was made out under section 30. Indian Penal Code, and that acquittal of Ram Karan accused was uncalled for. In the appeal filed by Bahadur and Gopi accused conviction and sentence, as awarded by the Sessions Judge, are under challenge.

(3.) BAHADUR and Gopi Ram accused who are sons of Ram Karan accused, worked as Liquor Contractors in village Gangua. They are Kumhar by caste. They used to sell liquor to their customers, at their house and the customers, after consuming liquor, used to pass in front of the house of Vijay Singh making noises and hurling filthy abuses. A day before the occurrence, at about 9.00 p.m. being fed up with the situation as above. Vijay Singh lodged a protest with Bahadur accused who, on that, became furious and threatened him. On the day of occurrence at about 5.00 p.m. when Vijay Singh came out of his house in the street, he found Ram Karam accused armed with a stick, Bahadur with a Kulhari and Gopi with Kasaula, standing in front of his house. Gopi accused opened the attack hitting Kulhari on the right arm of Vijay Singh. On alarm being raised, Bhup Singh son of Vijay Singh came out of the house and in order to rescue Vijay Singh laid himself on his person, Bahadur accused inflicted two injuries with the kulhari hitting on the head of Bhup Singh. In the mean'time Hamir Singh and Indra Singh, another son of Vijay Singh, came to the spot. When they tried to intervene, Ram Karan accused give a stick blow hitting Bhup Singh on his right arm and another blow on the right temple of Vijay Singh. After the attack the accused persons went away with their respective weapons stating that a lesson was taught for preventing them from selling and serving liquor to the people. Bhup Singh was taken to Civil Hospital, Hissar, on a three-wheeler, where Vijay Singh made a report to the police.