AJAY KUMAR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal directed by the accused-appellants against the judgment and order dated 15.7.2003 passed by Sh. Deepak Gupta, Additional Sessions Judge, Rewari, vide which they have been convicted under Sections 307, 325, 323, 148, 447, 427 read with Section 149 IPC and sentenced them to undergo imprisonment and fine as under:- S.No. Name of convict u/s (IPC) Sentence (R.I.) Fine (') Sentence in default of payment of fine 1 Om Parkash 148 2 years 500/- 4 months 307 7 years 1000/- 1 year 447 3 months 500/- 7 days 325/149 1 year - - 323/149 6 months - - 2 Shiv Narain 148 2 years 500/- 4 months 307/149 5 years 500/- 9 months 447 3 months 500/- 7 days 325 3 years 500/- 6 months 323/149 6 months - - 427 6 months - - 3 Arun Kumar 148 2 years 500/- 4 months 307/149 5 years 500/- 9 months 447 3 months 500/- 7 days 325 3 years 500/- 6 months 323/149 6 months - - 427 6 months - - 4 Krishan 148 2 years 500/- 4 months 307/149 2 years 500/- 4 months 447 3 months 500/- 7 days 325/149 1 year - - 323 1 year 500/- 3 months 427 6 months - - 5 Arvind 148 2 years 500/- 4 months 307/149 2 years 500/- 4 months 447 3 months 500/- 7 days 325/149 1 year - - 323 1 year 500/- 3 months 427 6 months - - 6 Satish 148 2 years 500/- 4 months 307/149 2 years 500/- 4 months 447 3 months 500/- 7 days 325/149 1 year - - 323 1 year 500/- 3 months 427 6 months - - 7 Udayvir 148 2 years 500/- 4 months 307/149 2 years 500/- 4 months 447 3 months 500/- 7 days 325/149 1 year - - 323 1 year 500/- 3 months S.No. Name of convict u/s (IPC) Sentence (R.I.) Fine (') Sentence in default of payment of fine 427 6 months - - 8 Ajay Kumar 148 2 years 500/- 4 months 307/149 3 years 500/- 6 months 447 3 months 500/- 7 days 325/149 1 year - - 323/149 6 months - - 427 6 months - - 9 Rati Ram 148 2 years 500/- 4 months 307/149 2 years 500/- 4 months 447 3 months 500/- 7 days 325/149 1 year - - 323/149 6 months - - 427 6 months - - 10 Bhikha Ram 148 2 years 500/- 4 months 307/149 2 years 500/- 4 months 447 3 months 500/- 7 days 325/149 1 year - - 323/149 6 months - - 427 6 months - - 11 Sher Singh 148 2 years 500/- 4 months 307/149 2 years 500/- 4 months 447 3 months 500/- 7 days 325/149 1 year - - 323/149 6 months - - 427 6 months - -

(2.) All the sentences were ordered to run concurrently.

(3.) The law was set in motion by recording the statement of Shiv Lal injured, who has stated that he was serving with Haryana Police and posted in Faridabad. He was present in the village Uncha Nicha on 12.1.1996 being on leave. His elder brother Hoshiar Singh and others had gone to Rewari to attend a court hearing, since a case under Sections 307, 325 IPC is pending against Hoshiar Singh and Uday son of Bakhtawar etc. and also against Balbir s/o Sumer and Daan Singh s/o Banwani Singh etc. At about 10.00 A.M. Complainant alongwith his uncle Umrao s/o Jai Ram and cousin Hari Ram s/o Umrao went to their tube well to see their fields. They saw that accused Ajay s/o Bakhtawar Singh was ploughing the fields of Shiv Lal and destroying the crop of wheat standing in the said fields by driving tractor make 'Ford' on the same. Accused Om Parkash s/o Parbhati was having kulhari in his hands. Shiv Narain s/o Chiranji Lal and Arun s/o Ram Singh both were having barchhies in their hands. Besides Arvind @ DC s/o Dharampal, Satish s/o Singh Raj, Krishan s/o Balbir, Udaivir s/o Bahadur all residents of the village were having lathies in their hands and were sitting. Accused were also accompanies by 10-12 persons of outside, who were not known to the complainant, but he could identify them. They were also sitting having lathies in their hands. When Shiv Lal protested to Ajay regarding destroying his wheat crop, accused Ajay exhorted others to beat them and teach a lesson for stopping to plough the fields. He also exhorted to kill the complainant. Thereafter, accused Om Parkash gave kulhari blow on the head of Shiv Lal hitting on the right side of the head. Shiv Narain gave a barchhi blow on his right leg above knee using the said barchi as a lathi. Accused Arun gave barchhi blow on his right leg at the same place where Shiv Narain had hit. Accused Arvind gave lathi blow on his left knee. He fell down and in the same condition, accused Satish gave lathi blow on his right arm. Accused Krishan gave lathi blow on his forehead. Accused Udaivir hit lathies to him on his back. Other accused, who were outsiders gave lathi blows on his back. Accused also gave lathi blows to Umrao and Hari Ram. An amount of Rs. 1,200/- and police identity card fell down from the pocket of the complainant. Accused picked up the same and took it away. On the alarm raised by the complainant and his uncle, all the accused ran away from the spot on the tractor. On the statement made by Shiv Lal complainant, formal FIR was registered. Accused were arrested and after completion of the investigation challan was presented against the accused.