BANSI AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No. 1510-SB of 2003 filed by accused-appellants Bansi son of Lachhman and Dilbag @ Baga son of Giana Ram and Criminal Appeal No. 1674-SB of 2003 filed by accused-appellants, namely, Manphool, Ramphal, Wazir and Lalu. All the above mentioned six accused-appellants were tried in case FIR No. 138 dated 09.09.2001 for the commission of offences punishable under Sections 148, 323, 324, 307, 506 read with Section 149 of the Indian Penal Code registered at Police Station Kalayat and were convicted by the Court of learned Additional Sessions Judge, Kaithal vide judgment dated 04.08.2003 and sentenced to undergo imprisonment for a period of seven years and also to pay fine of Rs. 5,000/- under section 307 of the Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for a period of six months. All the accused-appellants were also sentenced to undergo rigorous imprisonment for a period of six months each under section 148 and 323 of the Indian Penal Code and for a period of one year each under section 324 and 506 of the Indian Penal Code and all the sentences were ordered to run concurrently.

(2.) The case of the prosecution is that on 08.09.2001, a telephone call was received from Babita wife of Joginder in the Police Station that some villagers were quarreling with her husband and she demanded police help. Sub Inspector Avtar Singh made an entry in the daily diary register, copy of which is Ex.PX at about 10.55 P.M. and thereafter he went to village Kailram and there came to know that Joginder Singh has been referred to Civil Hospital, Kaithal in a serious condition. PW7 Sat Narain made allegations that accused Giana gave a Gandasi blow on the head of Joginder while accused Manphool gave a sword blow whereas accusedappellant Ram Phal, Wazir and Dilbagh @ Baga gave lathi blows on the head of Joginder injured. Upon this, injured Joginder fell down on the ground and while Joginder was lying on the ground, accused-appellant Bansi gave a gandasi blow on the left thumb of Joginder, while accused Lalu gave a lathi blow at the back of the neck of Joginder and accused Ramphal gave a gandasi blow on the back of injured Joginder. Upon this, complainant and one Vijay Kumar tried to rescue injured Joginder and thereafter all the accused-appellants ran away from the spot. The prosecution examined injured Joginder as PW8 who narrated the entire sequence of events as stated by PW7 Sat Narain.

(3.) After recording the entire evidence and hearing learned counsel for the parties, the trial Court convicted all the accused-appellants for the offences as mentioned in the opening paragraph of this judgment.