SAHAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dtd. 1/12/2004 and order of sentence dtd. 6/12/2004, passed by the Court of Additional Sessions Judge (Adhoc), Fast Track Court, Kurukshetra, whereby the appellants have been convicted for the commission of the offences punishable under Ss. 307, 323, 506 read with Sec. 34 of IPC and were sentenced as under:- <IMG>JUDGEMENT_186_LAWS(P&H)5_2023_1.jpg</IMG>

(2.) During the pendency of the present appeal, Sher Singh, appellant No.2 had expired and the appeal was pursued only on behalf of appellant No.1 Sahab Singh.

(3.) The brief facts of the prosecution are that on receipt of a ruqa from Community Health Centre, Shahabad on 17/10/2001, ASI Kartar Singh reached there and inquired about the injured Balkar Singh. However, he was informed that Balkar Singh, injured had been referred to the PGI, Chandigarh. On this ASI Kartar Singh reached PGI Chandigarh, where the doctors declared the injured to be unfit to make statement. On 20/10/2001, Virender Singh complainant met him and got his statement recorded. As per the complainant, at about 11:00 AM on 16/10/2001 he was working in the fields. Sahab Singh, accused reached there on his tractor and destroyed his paddy fields with his tractor. He asked the accused as to why he had done that; on which Sahab Singh abused him and stated that he would do so and he could do whatever he liked. Sahab Singh had beaten him up and abused him. Sahab Singh, accused also threatened to teach him a lesson in future. At about 05:00 AM on 17/10/2001, the complainant and his brother Balkar Singh were taking fodder for the animal and when they reached near the bara, Sahab Singh, accused armed with an iron rod, Sher Singh accused armed with lathi and Ramesh Kumar accused armed with a handle of Kassi (spade) came there. Sahab Singh, gave a blow with iron rod on the head of Balkar Singh and Sher Singh had hit Balkar Singh on his right side. Ramesh Kumar, accused had hit Balkar Singh on his mouth with the handle of the spade. His brother raised an alarm and on this, the complainant and Ram Chander reached there and rescued Balkar Singh from the accused. The accused left the place of occurrence after extending threat to them. With these broad allegations, the FIR in the instant case was registered against three accused namely Sahab Singh, Ramesh Kumar and Sher Singh.