ANTU RAM AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellants against the judgment of conviction and order of sentence dated 29.03.2003, passed by the learned Addl. Sessions Judge, Ambala, whereby, they were held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of one year each and to pay a fine of Rs. 200/- each under Section 323/34 IPC. Accused-appellants were further convicted and sentenced to undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs. 500/- each under Section 324/34 IPC and they were also convicted and sentenced to undergo rigorous imprisonment for a period of three years each and to pay a fine of Rs. 1000/- each under Section 325/34 IPC. Accused-appellants were further convicted and sentenced to undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs. 200/- each under Section 506/34 IPC. All the sentences were ordered to run concurrently. However, accusedappellants were acquitted of the charge under Section 307 IPC framed against them.

(2.) The brief facts of the prosecution case are that on 17.07.2000, on receiving medical ruqa regarding admission of Budh Ram in Civil Hospital, Naraingarh, having multiple injuries, Head Constable Babu Ram along with Constable Sant Ram went to the Civil Hospital, Naraingarh. After taking opinion of the doctor regarding fitness of the injured, Head Constable Babu Ram recorded the statement of Budh Ram. In his statement, Budh Ram complainant stated that on 17.07.2000 at about 9.00 A.M., he was going to Naraingarh to receive old age pension and when he reached at the main road, then Ram Kumar armed with gandasi, Antu Ram armed with lathi and Ram Dass armed with balam came running to him and said that they would teach him (complainant) a lesson for registering a case against them. Stating so, Ram Kumar gave a gandasi blow on his (complainant) neck, Antu Ram gave a lathi blow on his right leg and right arm and Ram Dass gave a balam blow above his ankle and one on his right leg. Ram Kumar again gave a gandasi blow on his leg and arms. He raised alarm. On hearing alarm, son of the complainant namely Kamal Kumar and Rajinder, who were coming behind him, came running to the spot and rescued him. Accused while going from the spot also threatened to kill him. On account of having received injuries, he fell unconscious. The motive regarding the occurrence is that a criminal case is pending between the parties. Ruqa was sent to the police station, on the basis of which formal FIR Ex.PG was registered. Spot was inspected. Statement of witnesses were recorded. Accused were arrested. Weapons were recovered from the accused-appellants. After necessary investigation, challan was presented against the accused-appellants.

(3.) On presentation of challan against accused-appellants, copies of challan and other documents were supplied to them under Section 207 Cr.P.C. Finding prima facie case, the accused-appellants were charge-sheeted under Sections 323, 324, 325, 307 and 506 read with Section 34 IPC, to which they pleaded not guilty and claimed trial.