RAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Cri. A.No. 132-DB of 2004 has been filed by the appellants-Raj Singh, Ram Mehar and Kuldeep against the judgment and order dated 22/24-1-2004 vide which they were convicted and sentenced as under :- <FRM> Raj Singh Ram Mehar u/S. 302, IPC To undergo imprisonment for life and to pay a fine of Rs. 10,000/-each. In default of payment of fine, they were further directed to undergo R.I. for one year each. Kuldeep Singh u/S. 307, I.P.C. To undergo R.I. for 4 years and to pay a fine ofRs.20,000/-. In default of payment of fine, to further undergo R.I. for one year. </FRM>

(2.) Criminal Appeal No. 737 DBA of 2004 has been filed by the State against acquittal of Kamlesh, Raj Bala, Sandeep and Kuldeep while Criminal Revision No. 1081 of 2004 has been filed by the petitioner-complainant against the acquittal of Kamlesh, Raj Bala, Sandeep and Kuldeep and also for enhancement of fine. Since both the appeals as well as criminal revision have been filed against the same judgment and order passed by learned trial Court, those are being disposed of by this common judgment.

(3.) The prosecution story in brief is that on 23-7-2001 at about 5 p.m. when Anil Kumar along with his mother Parmeshwari were present in front of their house in the street, their neighbours Raj Singh, his sons Kuldeep Singh and Sandeep Singh and their mother Raj Bala were discharging water of their house towards the house of their neighbour Rajesh, due to which plaster of the house of Rajesh was damaged. Parmeshari then asked Raj Singh, accused that they should not do so. However, Raj Singh objected to it and he along with his wife and children caught hold of Parmeshwari and gave fist blows to her. When Anil Kumar tried to rescue his mother, they also caused fist blows to him. Anil Kumar and Parmeshwari went to their house and bolted the door. Despite that Raj Singh continued to beat their door and alarmed that they would teach them a lesson for interfering in their matter. After that Anil Kumar, complainant went to Ganaur and informed the incident to his uncle Pirthi Singh. At about 7 p.m. when the complainant, his cousin Joginder, his father, uncle Sukhbir Singh, aunt Sumitra and Sudesh were enquiring about the incident from their mother, accused-Raj Singh, Kuldeep Singh, Sandeep, Ram Mehar armed with daggers and accused-Raj Bala and wife of Ram Mehar armed with lathis came there. Accused-Raj Singh alarmed that they would teach a lesson to the complainant party for not allowing them to discharge the water. Meanwhile Raj Singh and Kuldeep Singh gave one blow each with dagger to Joginder Singh on his chest, due to which he fell down. When he was lying down, accused- Sandeep and Ram Mehar also gave dagger blows on his chest. When Inder Singh, father of complainant tried to rescue him, ac- cused-Kuldeep Singh gave a blow to him also with dagger on his stomach while Raj Bala and wife of Ram Mehar caused injuries to Sumitra and Sudesh with lathis. After that the complainant party rushed to their house and bolted the door. Later on, when some inhabitants of the village gathered there, the accused party ran away with their respective weapons. Joginder Singh was taken to Sita Hospital, Ganaur, where he succumbed to the injuries. Thereafter, statement of Anil Kumar, Ex. PA/4 was recorded, on the basis of which formal FIR was record at 12.40 a.m. on 24-7-2001. Police arrested the accused and on their disclosure statements, the weapons used in the occurrence were also recovered.