PHUL SINGH Vs. RAJPAL

JUDGEMENT

(1.) THE Additional Sessions Judge, Jind, vide judgment dated 7.2.2014 and order dated 11.2.2014 convicted accused/respondents No. 3, 4 and 6 namely Dalvinder, Karam Pal and Satyawan for the offence under Sections 307, 325, 323 IPC read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5,000/ - each. In default of payment of fine, to further undergo R.I. for six months each. However, accused/respondents No. 1, 2, 5 and 7 namely Rajpal, Kukki, Azad and Karan Singh have been acquitted of all the charges levelled against them. The present appeal is against acquittal of the said respondents and also against nonpayment of compensation to the appellant.

(2.) THE brief facts of the case are that on 6.11.2011 at about 6:00 A.M. the complainant Phool Singh was going for morning walk and when he reached near the house of Rajpal (accused), he found that Rajpal and his brother Kukki were sitting in front of their house and on seeing him, they shouted Phool Singh had come, whereupon Dalvinder @ Dinda, Maru @ Karam Pal armed with Gandasi, Satyawan Azad Singh and Karan Singh armed with Bindas of spade came out from the Ghair (courtyard) of Kukki. Dalvinder inflicted gandasi blow on his left side of head, Karam Pal @ Maru inflicted gandasi blow on the right side of his head. He fell down whereupon Satyawan, Azad and Karan Singh gave binda blows on his left arm, back and right knee respectively. On raising an alarm, his son Kuldeep came to the spot and on seeing his son all the assailants fled away from the spot with their respective weapons. Kuldeep arranged a vehicle and took the complainant to General Hospital Jind from where he was referred to PGIMS Rohtak. He became unconsciousness on the way and regained consciousness on the next day and doctor of PGIMS Rohtak discharged him but on his way back to Jind he again felt severe pain and was again admitted in Maharaja Aggarsain Hospital, Jind. On the basis of the above statement (Ex. PM) of the complainant, formal FIR No. 289 dated 7.11.2011 under Sections 148, 307, 323, 325, 149 IPC was registered at Police Station Sadar, Jind. (Ex. PQ).

(3.) AFTER hearing both the parties, the Additional Sessions Judge, Jind, charge -sheeted all the accused for offence under Sections 148, 307, 323, 325 read with Section 149 vide order dated 25.10.2012.