RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ram Kumar, Ram Sarup and Ram Chander sons of Mehar Chand, Ram Sarup and Phul Singh sons of Megha Ram, Chander Bhan, Sheo Narain and Rameshwar sons of Nathu Ram, Net Ram son of Pat Ram and Bagrawat son of Nanak, resident of village Bhattu Kalan, Dist. Hisar were tried and convicted under Sections 148/326/ 325/ 324/ 323 read with Section 149 of the Indian Penal Code. All of them were sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 100.00. In default of payment of fine each of them was ordered to undergo further rigorous imprisonment for one month under Section 326 read with Section 149 of the Indian Penal Code. They were further sentenced to undergo rigorous imprisonment for four months each under Section 325/149, I.P.C. and to undergo rigorous imprisonment for three months each under Ss. 324/ 323/149, I.P.C. All the substantive sentences were, however, ordered to run concurrently vide order dated 12-9-1985 passed by the Sub-Divisional Judicial Magistrate, Fatehabad. The appeal filed against the order of conviction and sentence by the petitioners was dismissed by the Sessions Judge, Hisar, vide order dated 25-8-l986. Aggrieved against the orders of the Courts below, the aforesaid petitioners have filed the present revision petition.

(2.) Facts of the prosecution case, in brief, are that on 24th of September, 1981, at about 8 a.m. Moola P.W. 3, his wife Teji P.W. 4, their grand-daughter Raj Bala P.W. 5 along with Subhash P.W. 7 and Om Parkash P.W. 9 their grand-sons, were picking cotton in their fields while Har Lal P.W. was hoeing his nearby field. At that time, Sheo Narain and Ram Kumar accused armed with Kulharis (axes), Ram Sarup accused armed with a Gandasi and rest of the accused armed with lathis along with Hari Singh (since acquitted) came there and started digging a water course across the field of Moola P.W. The latter asked the accused to desist from digging as no water course had been sanctioned in his field. The accused party did not pay any heed. They challenged the complainant Moola that in assertion of their right that they would dig out Khal through his field. Moola P.W. came forward in order to stop the accused from digging the water course. At that time Sheo Narain accused opened the attack and gave a blow with the axe on the head of Moola. Teji P.W. tried to rescue Moola, Ram Kumar accused gave a Kulhari blow on her head. Raj Bala P.W. tried to intervene in order to save her grand-parents, Ram Sarup accused gave a Gandasi blow on her right ear. The alarm raised by the said injured as well as by Subhash and Om Parkash PWs., attracted Har Lal P.W. from his nearby field to the spot. Before the latter could intervene the accused armed with Lathis gave blows to Moola Teji Raj Bala as well as to Subhash and Om Parkash P.Ws. After causing injuries all the accused fled away towards the village along with their respective weapons. Moola left for the Police Station to lodge the report. On the way, he met HC Chet Ram who recorded his statement, and, on its basis formal first information report was recorded at the Police Station. The injured P.Ws. were admitted in the hospital where they were medically examined. After completion of the investigation all the aforesaid accused, except Hari Singh were challaned. Hari Singh accused who was shown in column No. II as also summoned by the trial Court to stand his trial along with his other co-accused. The accused were tried and the present petitioners were convicted and sentenced by the Courts below as indicated above.

(3.) The learned Counsel for the parties were heard.