SARDARA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sin Ram appellant stands convicted and sentenced to rigorous imprisonment for two years and a fine of Rs. 1000, in default further rigorous imprisonment for six months, under section 326 of the Indian Penal Code while his co-accused Sardara stands convicted under section 323 of the Indian Penal Cede. He has been dealt with under the Probation of Offenders Act. Both the convicts have come up in appeal against their conviction. Dalipa, a co-accused of the appellants, was acquitted by the trial Judge since the case against him did not stand proved beyond P. 2, the shadow of doubt.

(2.) The father of Sin Ram appellant, Lachhmi and Sardara appellant are brothers. Eight or ten days prior to the present occurrence Rani sister of Sin Ram was abducted by Ramji Lal son of Phagu Ram PW 5, Jaipal Ron of Punnu Ram PW 6 and Sona Ram son-in-law of Phagu Ram. The matter went up to the village panchayat. The village panchayat found the aforesaid three persons, namely, Ramji Lal, Jaipal and Sona Ram guilty. Each of them was fined Rs. 500 and they were also ordered to be paraded in the streets after shaving their heads and putting a string of shoes round their necks.

(3.) On 2nd April, 1982, Phagu Ram and Punnu Ram were present in their house at about 6 P. M. Both the appellants and their co-accused came there. Sin Ram appellant had a kirpan while Sardara appellant and their co-accused Dalipa were armed with a lathi each. Sin Ram gave a kirpan blow which landed on the left hand of Punnu Ram PW 6 while Sardara and Dalipa caused injuries to him with lathis hitting him on various parts. Phagu Ram PW wielded a danda in self- defence which hit both the appellants and their co-accused Dalipa, Gurmel Singh, Sarwan Singh and Norata Ram witnessed the occurrence.