BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANTS /accused, by filing this appeal, have laid challenge to the judgment and order dated 3.3.1992, vide which they were found guilty and convicted for commission of offence punishable under Section 307 read with Section 34 IPC and also offence under Section 324 read with Section 34 IPC, for causing injuries to Jeet Singh and Wajir Singh (PWs). Appellants No. 1 and 2 were also found guilty for commission of an offence punishable under Section 27 of the Indian Arms Act, 1959. Regarding sentence, following order was passed by the trial court :-

(2.) BOTH appellants and the injured were residents of village Niharsi. It was case of the prosecution that on 13.1.1987, Mehar Singh, Sarpanch of that village had hosted a dinner to celebrate Lohri on account of birth of grand son of his brother Labh Singh. All the appellants/accused had gone to participate in that celebration. Complainants/injured were also invited. After finishing their dinner, Wajir Singh and Jeet Singh had left for their houses.

(3.) ON alarm being raised, PWs Surat Singh and Inder Singh were attracted to the spot. They rescued the injured from the assailants and the injured were taken to their houses. Then they were shifted to Primary Health Centre on a tractor of Avtar Singh. They were examined by Dr. S.L. Kaushik at 11.45 pm and 12.30 am respectively. Intimation was sent to the police regarding their admission. Law enforcement agency initiated action and after recording statement of PW Jeet Singh, FIR Ex.PX was recorded at 2.35 pm on 14.1.1987.