RAGHBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Raghbir Singh, Jeet, Randhir Singh and Ranbir Singh sons of Ram Sarup, their father Ram Sarup and Banta son of Joti appellants along with their co-accused Jhandu Ram, his sons Maya Ram and Phool Singh, Singh Ram son of loti Ram, Bichha Ram son of Singh Ram and Nasib Singh son of Kanhiya were prosecuted and tried for the offences under -sections 308, 308/149, 325/149, 323/ J 49 and 148 of the Indian Penal Code in the Court of Shri M.S. Nagra, Additional Sessions Judcie, Ambala, who vide his judciment dated 11th May 1983, acquitted the co accused Jhandu Ram, Maya Ram, PhoolSingh, Singh Ram, Bichha Ram and Nasib Singh by giving them the benefit of doubt but convicted the appellants and sentenced Raghbir Singh, Banta, Jeet Singh and Ram Sarup appellants as under: Fine, if realised, was ordered to be paid to Des Raj PW. However, Randbir Singh and Ranbir Singh appellants were given the benefit of probation and were directed to be released on their entering into bond in the sum of Rs. 5,000/- with one surety each in the like amount for a period of three years to keep the peace and he of good behaviour. The appellants have challenged their conviction and sentence as also the order of probation by way of this appeal.

(2.) The prosecution case as .set up at the trial was that on 25th August, 1980, at about. 9.00 pm. Mehar Singh (P.W 7) was returning to his house and passing through the kutcha site at village Milak labhalian (which is claimed to be a public street by the complainant party and a court and by the accused party). Ram Sarup appellant objected to the same and on Mehar Singh telling that it was a common passage being used by the public at large, Ram Sarup appellant gave him abuses and took him in his grip. He then gave a call to his near and dear ones and in response to his call, his cc. appellants and the co-accused (since acquitted) reached the spot. Jeet and Raghbir appellants were armed with Ballams and the remaining accused with lathies. They opened the attack and on alarm being raised by Mehar Singh PW, his son Raj Mohan (P. W. 11).his brother Des Raj (P. W. 8), Sumer Singh (P. W. 10) and his uncle Manga Ram (P.W. 9) came to his rescue. It is alleged that the appellants and the co-accused also caused injuries to them. The occurrence was witnessed by Bachna Gian Chand and Jarnail Singh PW5, who separated the parties. The appellants and the co-accused left the place of occurrence after inflicting the injuries.

(3.) The case was registered in Police Station Sadhaura on the statement of Mehar Singh (P.W. 7) recorded by A.S.I. Sewa Dass on the same night at 11.55 p.m. Mehar Singh, Mansa Ram and Sumer Singh P. Ws. were medico-legally examined by Dr. K.L. Garg (P.W. 1) in the Primary Health Centre, Sadhaura on 26th August, 1989. The doctor found 5, 3 and 1 injuries on their persons respectively. Des Raj and Raj Mohan P. Ws. were medically examined by Dr. T.K. Gocha (P.W. 2) on 26th August, 1980 and the doctor found one injury on the person or Des Raj PW and three. injuries on the person of Raj Mohan PW. After X-ray examination Dr. Ravinder Mathur (P.W.4) declared one grievous injury each on the person of Mehar Singh and Raj Mohan PW5. Or. N.K. Bansal (p. W. 5 vide his report Ex.PN/1 opined on 14th October, 1980. on police request Ex.P.M that the injury on the person of Des Raj P. W. could have been dangerous to life in the ordinary course of nature.