PRAGAT SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present Criminal Revision Petition is to the judgment dated 04.09.2012 passed by learned Additional Sessions Judge, Jind, whereby the appeal filed by the petitioners challenging their conviction and sentence recorded by the Sub Divisional Judicial Magistrate, Safidon, was dismissed.

(2.) Brief facts of the case are that Karnail Singh (PW1) suffered statement (ExPW1/A) to the police alleging that on 18.03.2004 at about noon time, he had gone to pond for providing water to his buffaloes. At about 1.30 P.M., Sahab Singh carrying a DBBL gun, Hardeep Singh armed with a gun and Sukha Singh with a gandasa, arrived at the pond and exhorted that he (Karnail Singh) be set right. Upon this, their co-accused Kulbir Singh (declared proclaimed offender) inflicted a gandasa blow on his head and Pragat Singh gave Ballam blow on his left arm. He (Karnail Singh) fell down. Mohinder Singh, Joga Singh sons of Malook Singh, and Yadvinder Singh, all three armed with gandasa, caused injuries from reverse side on his right arm, right hip, leg, right arm/right shoulder and left arm. Gurbachan Singh and Kuldeep Singh intimidated him. On hearing the alarm raised by Karnail Singh, his brothers, Kala Singh and Rattan Singh, reached the spot and rescued him from the assailants, otherwise he would have been done to death. The assailants left the spot with their respective weapons intimidating Karnail Singh with dire consequences. The motive for causing the injuries was that a few days prior to the incident, children of the assailants had quarrelled with the children of Karnail Singh . However, the said matter was compromised with the intervention of the Panchayat. The injured was taken to the hospital where his medico legal report was prepared and X-ray examination was conducted.

(3.) After completion of the investigation, report under Section 173, Cr.P.C. was presented before the learned Area Judicial Magistrate. The petitioners and their co-accused were charged under Sections 148, 323, 324, 325, 326 and 506 read with Section 149, IPC, to which they pleaded not guilty and claimed trial.