LABH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal directed by accused-appellant Labh Singh son of Kreshan resident of Telipura, Police Station Sadar Jagadhri against the judgment and order dated 6.06.2003 passed by Shri S.S.Lamba, Addl. Sessions Judge, Yamuna Nagar at Jagadhri, vide which the accused has been convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) Briefly stated Labh Singh-appellant alongwith Ravinder Kumar and Vinod Kumar were put to stand trial for offence under Sections 323, 506, 307 IPC read with Section 34 IPC in respect of FIR No.183 dated 15.11.1998, registered under Sections 323, 506, 307 IPC, Police Station Sadar, Jagadhri.

(3.) The law was set in motion by recording the statement of Raj Pal who has stated that he is resident of village Telipura. On 14.11.1998 he was watching news on T.V. at about 8.30 P.M. then he heard noises outside in the street. He came out and noticed that his brother Ram Saran and nephew Naresh were standing there. Along with them Labh Singh son of Kreshan, Vinod son of Labh Singh and Ravinder son of Phool Chand were also standing. Labh Singh etc. were hurling abuses upon his brother and nephew Naresh. His brother and nephew were inquiring as to why they were hurling abuses to which Labh Singh replied that in the earlier case they have been acquitted but now they would be taught a lesson qua quarrelling with them. In the mean time Labh Singhappellant gave a lathi blow on the head of Naresh. Naresh fell down. Vinod lifted a danda and gave a blow to his brother Ram Saran which hit on his left hip. Ravinder was holding a lathi and gave two blows upon him (complainant). In the mean time Suresho and Kusum daughters of Labh Singh also came there. They were also given injuries by Labh Singh and others with fist blows. Number of neighbourers were attracted there. All the accused ran away with the lathies and danda. Naresh Kumar was removed to hospital from where he was referred to PGI. After completion of the investigation challan was presented against the accused.