AMAR LAL AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment dated August 10, 1996 passed by Additional Sessions Judge, Rohtak, whereby the learned trial Court had convicted Appellants Amar Lal son of Mir Singh and Krishan son of Ram Phal under Section 302/34 IPC, and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/ - each. In default of payment of fine, they were directed to undergo rigorous imprisonment for a period of one year each. The Appellants were further convicted under Section 323/34 IPC and sentenced to undergo rigorous imprisonment for a period of one year each and to pay a fine of Rs. 1,000/ - each. In default of payment of fine, they were directed to undergo rigorous imprisonment for a period of six months.

(2.) COMPLAINANT Anita, in her statement, recorded before the Investigating Officer Satbir Singh, Sub Inspector, has stated that she was married to Silak Ram in village Gugaheri about three months prior to the occurrence. She resided with her parents at village Mokhra Kheri. On 25.8.1993 at about 11.00 A.M. she along with her brother Azad Singh, her Bhabhi (Azad Singh's wife) Gunni were coming from the fields known as Agia Khet. They were carrying fodder on their heads. She was in front. Her brother Azad Singh and Gunni were following her at a distance of about one killa. When she reached near the boundary of her fields, Appellants Amar Lal and Krishan came out of the house of Mir Singh, armed with gandasas. They raised a lalkara that the complainant should be taught a lesson for stealing their thrasher. Amar Lal gave gandasa blows thrustwise in the abdomen and breast of Anita. She fell down. Krishan gave gandasa blows on the wrist of her left hand and right arm. She raised an alarm. Her brother Azad Singh and his wife, Gunni came to her rescue. Appellants Amar Lal and Krishan then inflicted a number of injuries on the head and other parts of the body of her brother Azad Singh with gandasas. Her brother fell down. More injuries were inflicted while he was lying down. Her brother's wife Gunni tried to save him. She was also given gandasa blows. Gunni became unconscious. Mange Ram, the father of the complainant, who was coming towards the fields from his house, saw the occurrence. Appellants ran away towards the village on a tractor. About four months prior to the occurrence, the thrasher of Mir Singh had been stolen. Mir Singh suspected that Azad Singh had stolen the thrasher. It is due to this grudge that Appellants Amar Lal and Krishan along with Karambir, Mir Singh, Ram Phal and Dharambir inflicted injuries on her, her brother Azad Singh and her brother's wife Gunni.

(3.) PROSECUTION , to prove its case, brought into the witness -box Attar Singh (PW -1), Dr. Mahabir Singh (PW -2), Dr. Archana Gupta (PW -3), Dr. R.K. Chaudhary (PW -4), Madan Lal, Photographer (PW5), Satbir Singh, Patwari (PW -6), Maha Singh, Head Constable (PW7), Satbir Singh (PW -8), Anita (PW -9), Smt. Gunni (PW -10), Dr. A.L. Bajaj (PW -11), Hardawari Lal, Assistant Sub Inspector (PW12), Dr. Anand Rai Barisal (PW -13), and Satbir Singh, Assistant Sub Inspector (PW -14).