MAHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE judgment dated August 13, 1991, appellants- accused were found guilty for commission of an offence under Section 307 read with Section 34 of the Indian Penal Code (for short IPC) and vide order dated August 14, 1991, all of them were sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/- each. In default of payment of fine, they were to further undergo rigorous imprisonment for a period of six moths. Hence this appeal.

(2.) FIR Ex.PA was recorded at the instance of Krishan Kumar, complainant, on the allegations that on June 25, 1989, at about 7 AM. when he was standing in front of his house and was going to start his tractor, Bharthari, appellant- accused, came there on his tractor and tried to injure him but he saved himself by jumping on one side. Thereafter, appellant Bharthari hit his tractor and caused damage. This led to exchange of hot words and complainant also gave slap blows to him and both of them grappled with each other. They were separated by Ajit Singh, father of the complainant.

(3.) AFTER completion of investigation, Bharthari and Jagbir were found to be innocent and they were put in column No. 2 of the final report. However, appellants-accused were put to face trial for commission of an offence under Section 307 read with Section 34 IPC. It has been brought to the notice of the Court and not controverted by the State counsel that initially, FIR was recorded under Sections 285, 148, 149 IPC but subsequently offence under Section 307 IPC was added to it.