DIDARA AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal appeal against the judgment of conviction dated 30.04.2003 rendered by the learned Additional Sessions Judge (I), Kaithal, vide which all the accused namely Suresh Kumar, Rajbir, Randhir Singh, Rishi Pal, Jai Parkash and Om Parkash were convicted for the offences punishable under Sections 302/307/323/148 read with Section 149 IPC.

(2.) However, two accused namely Jai Parkash and Om Parkash were also convicted under Sections 25/27 of the Arms Act. All the accused were sentenced to undergo rigorous imprisonment for varying terms, vide order of sentence dated 02.05.2003. All the sentences were ordered to run concurrently.

(3.) The prosecution agency was set into motion on the statement (Ex.PB) made by Birbal S/o Ram Dhari-deceased to SI Badri Parshad recorded in the hospital. In pursuance of such statement, F.I.R No.171 dated 21.03.1998 was registered at Police Station Sadar Kaithal for the offences punishable under Sections 148/302/307/323/149 IPC and Sections 25/27 of the Arms Act. In his statement (Ex.PB), Birbal stated that the marriage of the daughter of Nafe Singh, his uncle was being celebrated in the village Saran on 20.03.1998. The accused Rishi Pal s/o Didara was also present in the marriage party. He started giving abuses and uttering filthy words towards the girls present at the time of marriage ceremony. He along with Ram Dhari, Sher Singh, Amar Singh (husband of father's sister), his younger brother Ramesh objected to this behaviour of Rishi Pal-accused.