SOHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal directed by accused -appellants Sohan Singh and Smt. Pasho against the judgment and order dated 11.8.2003 passed by Sh. A.S. Narang, Additional Sessions Judge, Panipat, vide which both the accused have been convicted under Section 307 IPC read with Section 34 IPC and sentenced to undergo rigorous imprisonment for a period of five years each and to pay fine of Rs. 15,000/ - each and in default of payment of fine to further undergo simple imprisonment for two years. It was further ordered that fine recovered would be paid to the injured.

(2.) BRIEFLY stated, the law was set in motion by recording the statement of Sheela, eye witness, who has stated that accused Prem was her neighbourer and there was no intervening wall between their houses. Accused Prem used to unleash his calf. The calf used to consume the grass meant for her cow and buffalo. The calf also used to create nuisance when she used to milk her buffalo. The complainant has further stated that on 8.9.1995, at about 2.30 P.M. when she was feeding her cattle, the calf of the accused started consuming fodder. When she asked accused Sohan to lease the calf, the latter came to the street and started abusing her. Accused Sohan Singh stated that he would teach her a lesson. Accused Sohan Singh gave her a fist blow on her face. He gave another blow on her breast. She fell down. Accused Sohan Singh continued to beat her. She started raising cries. That attracted her neighbour Om Parkash, who rescued her from the clutches of the accused. In the evening, at about 6.00 P.M., her husband came to the house and she narrated the occurrence to him. Her husband Sadhu Ram went to the house of the accused Prem to lodge the protest. Accused Sohan Singh gave a Khulara blow from the reverse side to her husband Sadhu Ram on his head. Accused Sohan Singh gave another blow to her husband on his right shoulder. Her husband fell down. Then wife of Prem, namely, Pasho came, who gave a fist blow to her husband on his nose. Accused Prem also gave a lathi blow to her husband. Accused Prem gave another lathi blow to her husband like a stab wound on his left eye. She and her husband started raising cries. That attracted her neighbour Om Parkash and her father Vasanda Ram, who came to the spot. They rescued her husband from the clutches of the accused with great difficulty. Formal FIR was registered. After investigation, challan was presented against the accused. The case was committed to the Court of Session.

(3.) CHARGE under Sections 307, 323, 325, 506 read with Section 34 IPC was framed against the accused, to which they pleaded not guilty and claimed trial.