SANSAR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This revision is directed against the order dated 10.7.2013 passed by Sh. Ramendra Jain, Sessions Judge, Palwal for modification of the charge under Section 302 IPC instead of Section 304 IPC.

(2.) Briefly stated, Sansar Singh son of Gulab Singh resident of village Mafi Jalalpur, Police Station Hodal, aged 30 years, made statement to the Police that he was working as a driver on Canter No.1109 in Faridabad. They were three brothers. His brother Otari had lent a sum of Rs.5500/- to Ombir son of Rattan Singh. On 14.3.2013 at about 10.00 PM he along with his brohter Otari was sitting on the platform/Chabutra built in front of their house. Ombir was passing that way and his brother Otari demanded back his money from him. Ombir got enraged and brought a hammer from his house. His wife Rajbala and mother Kishan Devi also followed him. Ombir all of a sudden gave a hammer blow on the back of the head of Otari. Otari fell down after being hit with the hammer and thereafter more blows were given to him while he was lying down. Complainant tried to save him then Rajbala picked up a brick and gave a blow with it on the face and chest of Otari and Kishan Devi also picked up a brick and gave a blow with it on the face and chest of Otari. Kishan Devi then gave a brick blow on the hand and forehead of Otari. The complainant shouted and tried to save Otari. Hearing his noise, Davinder son of Shem Singh and Dharamvir son of Prabhu Dayal came there and assailants ray away. The accused threatened that they had been saved today but whenever they get a chance in future they will finish him.

(3.) Learned Sessions Judge, after going through the record, framed charges under Sections 304 and 506 read with Section 34 IPC.