RAJBIR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common order, two Appeals viz. Criminal Appeal No. 801-DB of 2002 filed by the accused, Criminal Appeal No. 642-DBA of 2003 filed by the State of Haryana and Criminal Revision No. 126 of 2003 filed by complainant are being disposed of having been arisen out of the same judgment of conviction dated 10.10.2002 and order of sentence dated 11.10.2002 passed by learned Additional Sessions Judge, Panipat in case FIR No. 293, dated 14.6.1997 registered under Sections 147, 148, 302, 325, 323 read with Sec. 149 Indian Penal Code at Police Station Sadar, Panipat, and awarded the following sentences to the accused-appellants :

(2.) Briefly, the prosecution story is that on 13.6.1997, complainant - Dharam Singh, his sons Rohtas injured and Bajinder Singh, since dead and wife Kamla Devi, injured were digging a drain in the lane outside their house in village Nimbri. In the meantime at about 6.00 P.M, accused Zile Singh son of Akhey Ram came with a buffalo loaded in a tempo and went away to his gher for unloading the same. His brother, accused Phool Singh, who had consumed alcohol, then came near the complainant and asked him, why was he digging the drain. Upon it, the complainant told him that a tap was to be installed for providing water to the cattle. Accused Phool Singh replied to the complainant that they would not allow them to install the tap and started abusing them in loud voice. In the meantime, accused Zile Singh, Subhash and Ram Mehar came there. Accused Subhash retorted as to why the complainant was not obeying his uncle Phool Singh and after picking up a brick gave a blow on the complainant's right arm upon which both the parties grappled with each other, but they were separated. Both the parties returned to their respective houses. After some time, accused Jagdish came to the complainant's house and told that it was not good to quarrel and saying so, he returned. At about 8.00 p.m., at the instance of accused Jagdish, the other above named accused came from their respective houses in the lane. They were armed with gandasi, saria (iron rod), lathis, pipes and Daa. At that time, the complainant was going to his gher from his house for looking after his cattle and to feed them. When he reached in front of the house of accused, then Jagdish raised lalkara to catch hold of him and teach him a lesson for digging the drain. Hearing this, the complainant tried to run towards his gher but accused Rajinder Singh gave a saria blow on his right hand and accused Phool Singh inflicted him gandasi blows from reverse side on his eyes, nose, head and back. Upon it, he raised alarm "save save" which attracted his sons Bajinder Singh, Rohtas, his wife Kamla, Krishan son of Karan Singh, Ranbir son of Prabhu, Jai Bhagwan son of Prabhu, Surinder son of Jai Bhagwan, Rajesh son of Jai Bhagwan and Sheela wife of Krishan, all injured. It was further alleged that when the above mentioned witnesses tried to rescue the complainant, then accused Rajbir gave gandasi blow to Bajinder Singh on the left side of his head, accused Subhash gave gandasi blow on the left temporal region of Bajinder Singh, accused Zile Singh gave a lathi blow on his left flank. After receiving injuries, Bajinder Singh fell down. Then accused Ram Mehar gave lathi blows to fallen Bajinder Singh, accused Gulzari gave a lathi/saria blow on Krishan, accused Rajinder Singh gave a saria blow to Ranbir, while accused Phool Singh gave gandasi blow and accused Chand Kaur inflicted injuries to Jai Bhagwan with Daa. Accused Phool Singh and Gulzari inflicted injuries with their gandasis to Surinder son of Jai Bhagwan. Accused Sukram Pal inflicted lathi injury to Rohtas, Phool Singh gave gandasi blow to Rajesh son of Jai Bhagwan, accused Channo Devi gave a pipe blow to Kamla and also gave pipe blow to Sheela. The complainant side also caused simple injuries to the accused persons in their self-defence. After causing injuries all the accused persons ran away. The complainant and the other injured persons left for Civil Hospital, Panipat, in a tractor trolley alongwith Bajinder Singh, who was bleeding profusely from his head and he died in the village itself. He was also taken to the Civil Hospital, Panipat, where the doctor declared him dead. All the other injured got themselves medico legally examined. After recording the statement of the complainant injured (Ex. P/N) FIR Ex. PN/2 was recorded.

(3.) After completion of investigations, the accused persons were charged on 3.5.1999 for the offences under Sections 147, 148, 302, 325, 323 read with Sec. 149 Indian Penal Code to which they pleaded not guilty and claimed trial.