SUBHASH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal appeal has been filed by appellants Subhash, Ved Parkash, Ram Kishan, Kalu alias Surender, Om Parkash, Lali, Chhapo, Ram Rati, Rameshwar and Leelu alias Birender against the judgment of conviction and order of sentence dated 15.3.2003/20.3.2003 passed by learned Additional Sessions Judge, Rewari, whereby they have been held guilty and convicted for the offences under Sections 148, 323, 324 and 325 read with Section 149 IPC. Accused-appellants Rameshwar and Leelu have also been convicted for the offence under Section 307 IPC and other accused have been convicted for the offence under Section 307 read with Section 149 IPC. All the accused-appellants have been sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo imprisonment for three months each for the offence under Section 148 IPC. Accused-appellants Rameshwar, Leelu alias Birender, Subhash and Ved Parkash have also been sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo imprisonment for six months each in respect of Rameshwar and Leelu alias Birender and for four months each in respect of Subhash and Ved Parkash for the offence under Section 325 read with Section 149 IPC. Accused-appellants Ram Kishan, Kalu alias Surender, Om Parkash, Lali, Chhapo and Ram Rati have also been sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo imprisonment for three months each for the offence under Section 325 read with Section 149 IPC. Accused-appellants Rameshwar, Leelu alias Birender, Subhash and Ved Parkash have also been sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo imprisonment for three months each for the offence under Section 324 read with Section 149 IPC. Accused-appellants Ram Kishan, Kalu alias Surender, Om Parkash, Lali, Chhapo and Ram Rati have also been sentenced to undergo rigorous imprisonment for one year each for the offence under Section 324 read with Section 149 IPC. All the accused-appellants have also been sentenced to undergo rigorous imprisonment for six months each for the offence under Section 323 read with Section 149 IPC. Accused-appellants Rameshwar and Leelu alias Birender have also been sentenced to undergo rigorous imprisonment for seven years each and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo imprisonment for six months each for the offence under Section 307 IPC. Accusedappellants Subhash and Ved Parkash have also been sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo imprisonment for six months each for the offence under Section 307 read with Section 149 IPC. Accused-appellants Ram Kishan, Kalu alias Surender, Om Parkash, Lali, Chhapo and Ram Rati have also been sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo imprisonment for three months each for the offence under Section 307 read with Section 149 IPC. All the substantive sentences have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that the FIR in the present case has been registered on the statement Ex.PQ made by complainant Satish Kumar on 7.7.1997 at about 3.30 p.m. It is stated in the statement that water pipe line of the fields of accused Rameshwar was buried in the thoroughfare of the village, which also passes through in front of the plot of the complainant. Said pipeline was leaking for the last five-six months, due to that there used to remain wet mud in the passage and it was causing inconvenience to the complainant and other villagers. Many times Rameshwar was told to get the pipeline repaired but in vain. On 7.7.1997, the complainant had asked son of Rameshwar to get the pipeline repaired. At that time, Ghisa Ram uncle of the complainant also reached there in front of the house of Suraj Bhan. He also tried to persuade the son of Rameshwar. Ram Kishan and Leelu sons of Rameshwar grappled with him at about 6.30/7.00 a.m. After about half an hour, Satpal son of Ghisa Ram was going towards his well. Accused Rameshwar did not allow him to proceed further. On return, he told this incident to his father. Thereafter, Ghisa Ram was going towards the well. When he reached near the house of Shri Chand, Rameshwar gave axe blow on his head in the presence of the complainant. Ghisa Ram fell on the ground. The complainant raised alarm. In the meantime, Kalu Ram, Leelu Ram and Ram Kishan sons of Rameshwar, Om Parkash son of Ramji Lal, Subhash and Ved Parkash sons of Om Parkash, youngest son of Om Parkash, Lali wife of Rameshwar, Chhapo wife of Om Parkash and Ram Ratti wife of Leelu reached there. Ladies were armed with stones whereas other accused were armed with 'Lathis', 'Jelly', axe etc. Subhash gave a 'Jelly' blow on the head of complainant Satish Kumar. He fell on the ground. Subhash gave another blow of 'Jelly' on the back and right shoulder of the complainant. Leelu gave a 'Bankri' blow on his left hand little finger. Suraj Bhan father of Satish Kumar also reached on the spot, who was also given injuries by them. Several people from the village gathered there. Sheotaj and Krishan rescued the complainant party. Injured were shifted to the hospital. Since, Ghisa Ram had sustained serious injuries, he was referred to Rohtak hospital. On the basis of this statement, 'Ruqa' was sent to the Police Station, on the basis of which formal FIR Ex.PQ/1 was registered. Site was inspected. Rough site plan was prepared. Statements of witnesses were recorded. The accused were arrested. 'Kulhari' (axe) used in the crime by accused Rameshwar was recovered from him. 'Bankri' used in the commission of crime was also recovered from accused Leelu. After necessary investigation, challan was presented in the Court.

(3.) On presentation of challan, the trial Court finding prima facie case against all accused, framed charges for the offences under Sections 148, 307 read with Section 149, Sections 326 and 324 read with Section 149 IPC, to which the accused pleaded not guilty and claimed trial.