AZAD SINGH & ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 31.10.1996/2.11.1996 passed by the learned Additional Sessions Judge, Sonepat vide which Ram Niwas -appellant has been convicted and sentenced for having committed offences punishable under Sections 302, 323/34 IPC. Azad Singh appellant was convicted and sentenced for having committed an offence punishable under Section 323/34 IPC.

(2.) THE facts of the case are that on 30.10.1993 at about 6 p.m. Roshni Devi complainant was sitting on the tea -stall of her son Gulab. Azad and Ram Niwas appellants alongwith Kuldeep and Krishan came there and enquired about Jaswant. She put off the matter on which they went away. Roshni Devi and her son Gulab Singh also came to their house. After some time, Jaswant Singh came there and the things were narrated to him. Jaswant Singh wanted to go back to his village Ahulana. Then Roshni Devi alongwith her son Gulab Singh and brother Dalbir were proceeding to village Ahulana at about 8.30 P.M. to leave Jaswant Singh there. When they reached near the house of Ram Kumar Kumhar, Ram Niwas (appellant) armed with Gandasi, while Azad (appellant), ICuldeep and Krishan armed with Bamboos came there. Ram Niwas (appellant) gave the Gandasi blow on the head of Dalbir @ Bablu. While Azad (appellant) gave bamboo stick blow. The other co -accused also gave bamboo stick blows to Jaswant Singh. Roshni Devi and her son Gulab Singh raised the alarm and saw the occurrence. Thereafter the injured were removed to Civil Hospital Gohana, but Dalbir Succumbed to the injuries on the way, while Jaswant Singh was referred to Medical College, Rohtak. On the receipt of information from Civil Hospital, Gohana, the police reached there and the statement of Roshni Devi as stated above was recorded.

(3.) THE charge was framed against all of them under Sections 302,325/34 IPC to which they pleaded not guilty and claimed trial.