HABIB AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants have filed this appeal against judgment and order dated 8.8.1990, vide which appellants Habib and Hakim were found guilty and convicted for commission of an offence punishable under Section 326 IPC. Other appellants namely Jom Khan, Kasam, Saud, Rozdar and Habbu @ Ismail were convicted for commission of offence punishable under Section 326 read with Section 149 IPC. Appellant Subhani was found guilty and convicted for commission of offence punishable under Section 323 IPC. All other accused were also found guilty and convicted for commission of offences under Sections 148 and 323/149 IPC. Vide order of even date, Hakim and Habib were sentenced to undergo RI for three years for commission of an offence under Section 326 IPC and were also directed to pay a fine of Rs. 1500/- each. It was further directed that, fine, if recovered, be paid to injured Chhote Lal and Lal Chand in equal share. Other appellants except Subhani were sentenced to undergo RI for three years each under Section 326/149 IPC and for one year each under Section 148 IPC and six months each under Section 323/149 IPC. However, appellant/accused Subhani was ordered to be released on probation on furnishing bond in the sum of Rs. 5000/- with one surety in the like amount.

(2.) As per prosecution story, there was some dispute regarding drawing water from the public tap. About 6/7 days earlier to the date of occurrence i.e. 9.9.1989, when Ram Devi was drawing water, accused Habib objected to the same. In that process, he had called bad names to the lady. On the date of occurrence, at about 7.00 a.m., Mamli wife of Sarup and Bhago wife of Issa were drawing water from the tap then Habib stopped them and started drawing water for himself. He also abused both the ladies. Chhote Lal stopped Habib from abusing. Habib got angered and said that he will see him. He went inside the house and after sometime, came out alongwith other appellants/accused. All were armed with wooden sticks. They started beating up Chhote Lal, Lal Chand, Ram Kishore, Siri Pal and Ganga Devi. It is apparent from the records that Rozdar and Subhani appellants/accused also received injuries in the scuffle.

(3.) FIR (Ex.PA) was recorded at the instance of Siri Pal, injured. Investigating Officer, on completion of investigation, submitted final report in the competent Court for its trial. Appellant/accused were charge sheeted, to which they pleaded not guilty and claimed trial. Prosecution then led evidence to prove its case and on conclusion of prosecution evidence, statements of the appellants/accused were recorded under Section 313 Cr.P.C., wherein they pleaded innocence and false implication due to party faction in the village. Rozdar and Subhani took up a plea of self defence and other accused took up a defence that they were not present at the spot. They also produced in evidence one order dated 23.5.1990 (Ex.DD).