RAVINDER AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Ravinder, Anil Kumar and Varun, all sons of Kartar Chand, were convicted under Section 302 read with Section 34 IPC and were sentenced to undergo life imprisonment and to pay fine of Rs.10,000/- each and in default, to undergo rigorous imprisonment for one more year, and were also convicted under Section 323 read with Section 34 IPC and were sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1000/- each and in default, to undergo rigorous imprisonment for one month each. All the three accused aggrieved by the conviction and sentence recorded by the trial Court, have jointly preferred the above referred criminal appeal.

(2.) The brief case of the prosecution is that PW-1 Dinesh Kumar was running a plastic crockery shop at Assandh Road, Panipat, adjoining the shop of accused Ravinder carrying on a Dhaba. The smoke of Tandoor of his dhaba used to seep in the shop of PW-1. PW-1 had already instructed accused Ravinder to take steps to arrest the smoke entering in his shop but accused Ravinder did not pay any heed to that issue.

(3.) On 9.6.2007 at about 8.30 PM, smoke emanating from the Dhaba entered into the shop of PW-1 as usual. PW-1 asked Ravinder to take effective steps to arrest the smoke emanating from his shop but accused Ravinder started abusing PW-1. Accused Anil Kumar and Varun brothers of accused Ravinder came out from the Dhaba and started beating PW-1. On hearing the cries of PW-1, PW-2 Ashok Kumar and Hanish alias Hanny (since deceased) cousin brothers of PW-1 came to the rescue of PW-1. Accused Ravinder and Anil Kumar caught hold of Hanish @ Hanny by his arms.