SURJIT SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal appeal is against the order dated 07.04.2003, passed by the Additional Sessions Judge (Adhoc), Karnal, whereby the petitioners have been convicted for offences punishable under Section 307 read with Section 34, 326 read with Section 34, 325 read with Section 34, 324 read with Section 34, 323 read with Section 34 of IPC as under:- <FRM>JUDGEMENT_190_LAWS(P&H)11_2014_1.html</FRM>

(2.) The prosecution allegations as made out from the FIR recorded on the basis of statement of Santok Singh complainant dated 28.07.2000 are that his brother Gurdial Singh was working as driver on the bus of Guru Teg Bahadur High School, Nissing. On 27.07.2000, said Gurdial Singh and Darshan Singh residents of dera Nissing had a quarrel with each other. But considering that it was a matter between neighbourers which will be sorted out mutually, no report was lodged about it with the police. On 28.07.2000 at 6.00 a.m., he i.e. complainant was going out from his residence Nissing to fetch milk on foot to his dera situated on Gunia Road Nissing and when he reached near the field of Rattan Singh at that time two persons suddenly came out of the 'Jawar' crop standing in the field of Nishan Singh and they started beating a cyclist coming from the side of village. Gunia. On hearing his cries he i.e. complainant ran to the spot and on reaching there he saw that his said brother Gurdial Singh was lying on the 'Kacha' road strip and accused Jeet Singh son of Darshan Singh having an iron road and Aasha Singh son of Loda Singh having a 'gandasi' with him were causing injuries to him (Gurdial Singh). In his presence accused Jeet Singh gave an iron rod blow which hit the complainant's said brother on his head and accused Aasha Singh also gave one 'gandasi blow which hit him (Gurdial Singh) on his right ankle. In the meanwhile complainant's father happened to reach there carrying milk from his dera to Nissing. On seeing him both the accused ran away from the spot alongwith their weapons. The injured was then taken from the spot and admitted in Community Health Centre, Nissing where the injured was medico-legally examined. The statement of the complainant Santok Singh was recorded by Sham Lal, ASI of Police Station Nissing at about 1.45 pm on 28.07.2000, who sent the same with his endorsement to the Police Station where on that basis formal FIR was recorded by Baldev Singh, Head Constable. Investigation was conducted initially by Sham Lal, the then ASI (now SI), who went to the spot and prepared rough site plan and he also lifted blood stained earth from the spot. He also took into possession two 'Parnas' which were produced by Santok Singh.

(3.) The investigation was then entrusted to Jagdev Singh, the then ASI (now SI), statement of witnesses were recorded, accused were arrested and interrogated and as a result of the disclosure statement made by them, accused Surjit Singh @ Jeet Singh got recovered one iron pipe and similarly accused Aasha Singh got recovered one 'gandasi' and these articles were taken into possession, vide separate recovery memos. He also recorded statement of Dayal Singh @ Gurdyal Singh under Section 161 Cr.P.C. in the General Hospital Karnal. The said injured also produced his one shirt, one trouser and one 'Baniyan' smeared with blood and he took them into possession vide separate recovery memos. On completion of investigation, challan was presented and the case was committed to the trial Court for trial for offences punishable under Section 307 read with Section 34 IPC, 326 read with Section 34 IPC, 325 read with Section 34 IPC, 324 read with Section 34 IPC, 323 read with Section 34 IPC.