CHANAN RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants were convicted for the offences under sections 325, 324 and 323 read with section 149, Indian Penal Code and Section 148 of Indian Penal Code by the learned Additional Sessions Judge, Sina but they were given the benefit of probation under section 4(1) of .the Probation of Offenders Act. Their co-accused Bahadur and Gilwar Singh were given the benefit of doubt and acquitted.

(2.) The prosecution case as set up at the trial was that 20 Kill as of land situated in village Ottu belonging to Sardara Singh and Sher Singh etc had been in cultivating possession of Sohan Singh and Tarlok Singh. The appellants got the khasra girdawaris changed in their names, but the complainant party obtained order of stay from the Court of Such Judge, which was maintained up to the High Court.

(3.) It is alleged that on 30th of May, 1919, at about 3.00 p.m., Sohan Singh, Kartar Kaur (P W. 3) and their three daughters, namely, Jagir Kaur (PW. 6), Mohinder Kaur (PW. 5) and Balbir Kaut (PW. 4), were present in the kotha of the tube-well, when the appellants armed with gaadasis, Jathis and pistol came there in a tractor-trolley. They asked the complainant party to get out of the kotha, but the complainant party refused to come out. Thereupon, Sabbu appellant brought Taramira husk and Kansi Ram appellant brought diesel from the tractor. Sher Singh appellant sprinkled diesel and put the kotha on tire and as a result thereof the complainant party got burn injuries. It IS further alleged that Sher Singh appellant gave gandasa blow on the head of Kartar Kaur (PW. 3) as well as on her arms and legs. Bahadur co-accused (since acquitted) gave a gandasa blow on her right foot and Sardara appellant gave a lathi blow on her hands, leg and back. She fell down on receipt of injuries. The other accused also infticted injuries to the other injured witnesses and took away the belongings of the complainant party.