LAL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this single judgment, I will dispose of CRA No. S -499 -SB of 2004, filed by accused/appellants Lal Chand alias Chandi and Shyam alias Ghansham against judgment and order dated 14.2.2004, passed by the learned Additional Sessions Judge, Gurgaon, vide which the appellants were sentenced to undergo rigorous imprisonment for one year under Sections 324/34 IPC. They were further sentenced to undergo rigorous imprisonment for three years and fine of Rs. 5,000/ - each, in default thereof, to undergo rigorous imprisonment for six months each under Sections 307/34 IPC. Both the sentences were directed to run concurrently. The entire amount of fine, if recovered, was to be paid to the injured Bishan Dass under Section 357 Cr.P.C. However, the third accused Tony alias Sanjay was acquitted by the trial Court.

(2.) THIS order will also dispose of CRR No. 1423 of 2004, filed by Jagmal Singh and Bishan Dass (injured), praying for enhancement of sentence and enhance of compensation awarded to the injured.

(3.) ACCORDING to the police proceedings, on 2.4.1999 night, a VT message was received regarding admission of injured Jagmal and Bishan Dass in Safdarjang Hospital, Delhi. When the police party reached Safdarjang Hospital and obtained the opinion of the doctor, Bishan Dass was declared 'not able to speak properly'. Jagmal was found not admitted in the hospital. Thereafter, ASI Bhoop Singh obtained the MLRs of Bishan Dass and Jagmal Singh (injured). From the MLRs, offence under Section 323/324 read with Section 34 IPC was made out. Accordingly, FIR No. 51 dated 3.4.1999 under Sections 323/324/34 IPC was registered at P.S. Farukh Nagar, Gurgaon (Ex. PA/2). Police visited the spot and prepared the rough site plan (Ex. PD).