MAHABIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) MAHABIR and three others, through present appeal filed by them, call in question order of conviction and sentence recorded against them by learned Additional Sessions Judge, Rohtak, dated 26/28.9.1991 vide which, they were held guilty for offence under Sections 307/323 read with Section 34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years under Section 307 read with Section 34 of Indian Penal Code and for a period of three months rigorous imprisonment under Section 323 of Indian Penal Code. Both the sentences were ordered to run concurrently.

(2.) BRIEFLY put, the appellants aforesaid were sent for trial by the prosecution under Sections 325, 308 read with Section 34 of Indian Penal Code on the basis of statement made by Ram Phal, who was examined as PW-5, and stated that on 1.1.1990 at about 8.00 P.M., he was going to call his uncle Dhupal for watering the fields. When he was going from his house, a Jeep, with its ignition on was standing in front of the house of Molar and Mahabir accused was sitting on its steering. When he crossed the Jeep and was just ahead of it, Mahabir moved the Jeep and its bumper lightly hit him, by the impact of which, he fell down. Mahabir stopped the Jeep after crossing him and came down. On this, Ram Phal asked Mahabir to driver the Jeep carefully. The effect of his advice was adverse on Mahabir, who grappled with him. In the meanwhile, Bhajjna son of Nanu, Ram Mehar son of Nanu and Ramesh son of Ram Mehar, the other accused, came there. They were armed with lathis. Bhajjna gave a blow with his lathi near the right eye of Ram Phal. He also gave a blow on his right leg. On hearing the noise, Dhupal, his uncle, and Bhalliya, his mother, came at the spot. Ram Mehar gave a blow on the head of Dhupal. He also gave a blow on his left arm. Ramesh gave a lathi blow on the back of Dhupal. He also gave blow on the head and teeth of Bhalliya. The victims of the assault raised noise, that attracted Dalip, Molar and several other persons of the village, who rescued them from the clutches of the accused. In the night, Ram Phal and other injured did not come to Meham and remained in their village. In the morning, they came to hospital of Meham, where they were medico-legally examined. On receipt of ruqa from the Doctor, examining the injured accompanied by the Medico Legal Reports, Raj Kumar, ASI, went to the hospital and recorded the statement of Ram Phal. Case was registered for an offence punishable under Section 325 read with Section 34 of Indian Penal Code. On 29.5.1990, injury of Dhupal was declared dangerous to life and offence was converted into Sections 308/325 of Indian Penal Code. The Court vide order dated 28.1.1991, prima facie, found charge for offence punishable under Section 307 of Indian Penal Code against Ram Mehar accused and for offence punishable under Sections 307, 323 read with Section 34 of Indian Penal Code was found against all the accused.

(3.) IN the context of limited arguments that have been raised in support of this appeal, there is no need to give further details of the prosecution version or for that matter, the defence led by the appellants. It is significant to mention that PW-1 Dr. J.P. Malik when cross-examined, admitted that on 2.1.1990 at about 4.00 P.M., he had examined Sunita wife of Mahabir and found following injuries on her person :-