DHARAM & ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 16th and 19th July, 2001 passed by the learned Additional Sessions Judges, Sonepat in Sessions Case No. 135 of 1999 whereby the appellants, having been found guilty of commission of offences under Sections 148/149/302/324 and 323 IPC, were sentenced in the following terms: -

(2.) THE prosecution machinery was set into motion on 16.7.1999 when Amarjit -the complainant (PW8) made the statement (Ex.PB) before the SHO, PS Gohana, to the effect that his father (deceased Partap) had six brothers, out of whom, his father and four others were from one mother and two, namely, Hawa Singh and Jagdish were from the other. That five brothers from one mother were having a joint Khewat and one of them, namely, Haria was unmarried and was living with the complainant's father who also used to cultivate the share of land belonging to Haria. However, uncle (Tau) of the complainant, namely, Dharma and his sons, Raj Singh and Raj Kanwal as well as Kitaba son of Hazari, his another uncle and Bijender son of Kitaba were holding grudge against the non -partition of the land as they were claiming share out of the land belonging to Haria; that yesterday all the above named persons had asked the father of the complainant to divide the land of Haria, failing which he would not be allowed to see the sun on the next day; that today at about 6 AM, the complainant along with his mother Angrejo and his father -deceased Partap, his uncle Jagdish and Raghbir had come to the fields known as Bhatwala to fetch grass; all the aforementioned five persons, came to the fields belonging to the complainant party and started erecting a boundary and when they were stopped by the complainant party, all the five (Dharma etc.) went towards their tubewell and came back i.e. Kitaba with a Phali and other four, namely, Dharma etc. armed with Pharsas and thereafter Dharma raised Lalkara to teach a lesson for not permitting to raise the boundary, upon which Bijender gave a spear blow on the head of the complainant's father, whereas Raj Singh gave second spear blow on the head of father of the complainant. When the complainant and others intervened, Bijender hit the complainant (Amarjit) with a spear in the right arm. Thereafter, Raj Kumar and Dharma also gave one spear blow each of the head of the complainant, as a result of which his father, namely, Partap, fell down on the ground. When Raghbir Singh intervened, Kitaba inflicted a Phali blow in the left side of the chest of complainant's uncle Raghbir. Meantime, many persons came at the spot from their fields and on seeing them all the five accused persons fled along with their respective weapons. The complainant's father, namely, Partap was brought to Civil Hospital, Gohana, after arranging a conveyance but the doctor declared him brought dead.

(3.) DR . Rajesh Kumar (PW12), who was posted at CHC, Gohana, conducted post mortem on the dead body of deceased Partap and found following injuries on his person: -