SOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Criminal appeal i.e CRA No.D-219-DB of 2008, titled Sohan Lal v. State of Haryana and CRM No.314-MA of 2008, titled State of Haryana v. Raj Bala for leave to appeal arise from the common impugned judgment and order. These are, therefore, being decided by this common judgment.

(2.) Case of the prosecution is that Radhey Sham complainant was having four brothers namely Hem Raj, Har Bhagwan, Krishan Kumar and Raj Kumar. All were married and residing separately. Hem Raj used to reside in a farm house (dhani in the local parlance) in the fields. He also owned a house in Sirsa. Sohan Lal (appellant in CRA No.D-291-DB of 2008) used to be his share cropper (siri in the local parlance). He owed money to Hem Raj. Sohan Lal (appellant in CRA No.D-291-DB of 2008) along with his family started living as a share cropper in a kotha (room) constructed in the fields belonging to Iqbal Singh son of Dilawar Singh of village Karamgarh.

(3.) On 17.10.2006, Radhey Sham complainant and his brother Hem Raj had gone to take the balance of loan amount from Sohan Lal (appellant in CRA No.D-291-DB of 2008) at about 10:00 p.m. Hem Raj demanded money from Sohan Lal (appellant in CRA No.D-291-DB of 2008), whereupon, the latter got enraged and asked his wife Raj Bala (respondent in CRM No.314-MA of 2008) to lit earthen lamp and exhorted that account be settled.