RAJBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Feeling dissatisfied with the judgment of conviction dtd. 10/7/2004 and the order of sentence dtd. 12/7/2004 passed by the Court of learned Additional Sessions Judge, Jhajjar, whereby, the appellants were convicted for the offences punishable under Ss. 324/34 and 307/34 IPC and were sentenced to under rigorous imprisonment for four years and to pay a fine of Rs.2,000.00 each under Sec. 307/34 IPC alongwith default stipulation and rigorous imprisonment for one year under Sec. 324/34 IPC, the appellants have preferred the present appeal before this Court.

(2.) The brief facts of the prosecution, as may be culled out from the report under Sec. 173 Cr.P.C., are that the FIR in the instant case was registered on the basis of the statement made by Jagbir, injured on 27/7/2000, after obtaining the opinion regarding his fitness. The complainant stated that there was a plot of Suraj Bhan, Numberdar and Rajbir, Mehtab and Prem sons of Paras Ram in front of their house. Suraj Bhan, Numberdar, Mehtab and Prem had given their shares in the plot to him ten days earlier while Rajbir son of Paras Ram, accused refused to give his share in the plot. On 27/7/2000, he was constructing a wall over his share of plot after leaving vacant the area falling to the share of Rajbir son of Paras Ram and had raised the wall up to the height about 3 feet, in the meantime, at 12.00 p.m, Rajbir and his two sons Balbir and Sudhir, all accused came there duly armed with jellies. The accused started demolishing the wall and when the complainant raised objection, Balbir gave a blow with jelly on the left thigh of Jagbir, complainant, whereas, Sudhir accused inflicted jelly blow three times on the head of Sunil. Rajbir inflicted a blow with the jelly on the stomach of Satpal and the complainant side raised the alarm. Jai Bhagwan son of Jai Narain and Balbir son of Pehlad rushed at the spot and saved the injured from the assailants. All the accused went away with their respective weapons and the injured were shifted to the hospital. The statement of the complainant was got signed from him and after making an endorsement, the formal FIR in the present case was registered.

(3.) After the registration of the FIR, the medical record regarding the other two injured namely, Sunil and Satpal was also collected. Since Satpal had received serious injuries, so the doctor had referred him to the PGIMS Rohtak on 27/7/2000. The injuries on the person of Satpal were declared to be dangerous to life by the doctor vide his opinion Ex.PF/1 and on this offence under Sec. 307 was added. On 13/9/2000, all the three accused, namely, Rajbir, Balbir and Sudhir were arrested and one jelly each was recovered from the accused. After completion of the necessary investigation, a report under Sec. 173 Cr.P.C. was prepared by Mahender Singh Inspector and was presented in the Court of learned Area Magistrate. Thereafter, the matter was committed to the Court of Sessions and the learned trial Court ordered framing of charges under Ss. 307, 324 and 34 IPC against all the accused and the accused pleaded their innocence and claimed trial.