DINESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Dinesh Kumar, Bhagat Singh, Om Dutt and Som Dutt were convicted under Section 302 read with Section 34 IPC and were sentenced to undergo life imprisonment and to pay a fine of Rs. 4000/- each and in default to undergo a further period of 4 years R.I, each. They were also convicted for the offence under Section 323 read with Section 34 IPC and were sentenced to undergo R.I. for 6 months and to pay a fine of Rs. 500/- each and in default to undergo further period of 11/2 months.

(2.) Accused Dinesh Kumar has filed Crl.A. No.121-DB of 2009.

(3.) The case in brief of the prosecution is that on 16.5.2004, at about 5.30/6.00 p.m., PW7 Munshi Ram was returning to his village Ladiaka after grazing his cattle. When he reached near piao, he heard an alarm "MAAR DIYA-MAAR DIYA". He reached the site and found accused Somdutt, Omdutt, Bhagat Singh, Dinesh, Devinder and Rawal of village Rundhi attacking his son Madan, Khem Chand and Krishan Kumar with hockey sticks, bats and dandas. When he tried to save them, he was also abused and beaten by the accused. He cried aloud and the villagers were attracted to the scene of occurrence. The assailants escaped on tractor.