SULTAN SINGH & OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Sultan Singh, Rajesh Kumar, Pritam Singh, Ravinder Singh @ Bhura, Om Parkash and Sher Singh have filed the present appeal challenging the judgment of conviction dated 03.04.2003 and the order of sentence dated 04.04.2003 whereby they were held guilty for the offences punishable under Sections 148 and 323 read with Section 149, IPC, and ordered to undergo the following sentences:- <FRM>JUDGEMENT_488_LAWS(P&H)12_2013_1.html</FRM>

(2.) At the very outset, learned counsel for the appellants submits that in view of the depositions of Mohinder Singh (PW11), eye-witness of the occurrence and that of Head Constable Krishan Kumar (PW14 injured), he does not propose to challenge the conviction of the appellants. However, he submits that the appellants are the first offenders; Head Constable Krishan Kumar (PW14) went to the dhaba (road side restaurant) of the appellants at 1.00 a.m on the intervening night of 28th/29th December, 1997, there all of sudden a quarrel ensued; appellants Sultan Singh and Pritam Singh remained Sarpanch of their village for several years and that only superficial simple injuries on the non-vital parts of the injured-Head Constable Krishan Kumar (PW14) were found by Dr.K.K.Sharma (PW3). It was also submitted that Chuhar Singh (PW10), yet another injured who received an incised wound, did not support the prosecution case and from his evidence, the prosecution could not gain anything in its favour.

(3.) Though the learned counsel for the appellants has proposed not to argue the case on merits but to satisfy the conscience of this Court, the material available on record has been re-scanned with the assistance of learned counsel representing the appellants and the learned counsel appearing for the State of Haryana.