SHANKER Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in the appeal and revision is to the judgment dated January 23, 2009 and order dated January 24, 2009 passed by learned Additional Sessions Judge, Hisar, whereby appellants were convicted and sentenced under Sections 302/323/34 IPC and respondent Nos.2 to 4 (in CRR No.21 of 2009) were acquitted in case FIR No.598 dated July 26, 2006 Police Station Sadar Hisar. Appellants were sentenced as under: <FRM>JUDGEMENT_482_LAWS(P&H)4_20141.htm</FRM>

(2.) BOTH the substantive sentences were ordered to run concurrently and the period already undergone by them was ordered to be set off against the period of substantive imprisonment.

(3.) SHORTLY put, case of the prosecution as unfolded by Hari Ram son of Ami Lal, resident of village Hindwan is that on July 26, 2006 at about 5.00 p.m., his son Balwan was going to his farm house (Dhani) on motor -cycle but it being a rainy day, his motor -cycle slipped and hit against wall of the house of Kamal. When an objection was raised by Kamal, there was exchange of hot words in between them due to which Kamal brought a 'Barchhi' from his house. Dharambir armed with 'Gandasi', Rajesh armed with 'lathi' and Shankar armed with 'Jaili' also followed him. On seeing them, he (Hari Ram) accompanied by his brother Om Parkash also went towards the house of Kamal. Dharambir dealt a Gandasi blow on the neck of Om Parkash and due to impact thereof, he fell down. In the meantime, Roshani wife of Kamal also came at the spot and started pelting brick bats on them. On hearing commotion, Rohtash son of Om parkash also attracted to the spot who witnessed the entire occurrence. Rajesh gave a Lathi blow on the right shoulder of Om Parkash. Balwan also sustained injuries in the occurrence. Om Parkash succumbed to the injuries at the spot. The aforesaid statement of Hari Ram recorded by SI/SHO Harpal Singh was sent to Police Station Sadar, Hisar by making an endorsement Ex.P -2, which formed the basis of FIR Ex.P - Thakral Rajeev 3 and investigation was put into motion. Investigating Officer visited the spot, recorded statement of witnesses under Section 161 Cr.P.C; prepared inquest report in respect of dead body of Om Parkash; got subjected the dead body to autopsy; prepared rough site plan of the place of occurrence; arrested the accused; subjected them to interrogation; and recovered the weapons used in the commission of offence in pursuance of their disclosure statements.