STATE OF HARYANA Vs. MAHINDER SINGH

JUDGEMENT

(1.) By this common judgment, we intend to dispose of Criminal Appeal No.170-DBA-2002 and Criminal Appeal No.1448-SB- 2001 preferred by the State of Haryana feeling dissatisfied against judgment dated May 4, 2001 passed by learned Additional Sessions Judge, Sirsa, whereby respondent/Mahinder Singh was acquitted whereas respondents/Makhan Singh and Mangat Singh alias Mangu were convicted but sentenced to the period already undergone by them.

(2.) The case of the prosecution as unfolded by Attar Chand- Complainant is that on March 19, 1999, Mahinder Singh, Makhan Singh and Mangat Singh @ Mangi who are real brothers and his immediate neighbourers started raising construction of a common wall after demolition of common wall towards his side. There was an exchange of hot words between his brother Kuldeep Kumar and Makhan Singh. Then Makhan Singh and Mahinder Singh rushed to their house and returned armed with a sword and a Gandasa, respectively. Mangat Singh @ Mangi picked up a lathi lying nearby and they all started hurling abuses. After scaling the wall, Mahinder Singh dealt a Gandasa blow on the head of his brother Kuldeep Kumar. When he tried to intervene, Makhan Singh directed a sword blow towards him and to ward off the blow, he raised his right hand and the blow landed on his right thumb and resulted into chopping of his right thumb. Mangat Singh @ Mangi inflicted a lathi blow on the left side of head of his brother Kuldeep Kumar. Hue and cry raised by them attracted Hakam Chand and Ujjagar Singh. Even thereafter, Ujjagar Singh inflicted a brick blow after picking it from the wall hitting on the dorsal side of left hand of the complainant. A lathi blow was also given to Kuldeep Kumar by Mangat Singh @ Mangi hitting on his right hand fingers. Whereafter, all the assailants fled from the spot with their respective weapons.

(3.) On receipt of information at Police Station Sadar Sirsa with regard to admission of Kuldeep Kumar in Hospital, ASI Ram Kishan visited Government Hospital, Sirsa. As the doctor opined that Kuldeep Kumar is unfit to make a statement, he recorded the statement of Attar Chand Ex.PG and made an endorsement thereon. The statement was sent to Police Station Sadar Sirsa, on the basis of which formal FIR Ex.PG/2 was put into black and white by ASI Om Parkash. The investigating officer also visited the spot, prepared rough site plan of the place of occurrence, recorded the statements of witnesses and obtained the opinion of the Doctor Ex.PE in respect of injury No.2 appearing on the person of Kuldeep Kumar. The said injury was opined to be dangerous to life. Accordingly, an offence under Section 307 IPC was added on March 29, 1999. He also arrested the accused-respondents and upon disclosure statement the accused effected recovery of weapons used in the crime.