MAN SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) MAN Singh (32) and his brother Jaggi (25) were tried by learned Additional Sessions Judge, Fatehabad for attempt on the life of Attar Singh and for causing injuries to Badam. Learned trial judge found both Appellants guilty under Sections 307/326/325/323/34 of the Indian Penal Code vide judgment dated November 23, 1996. The Appellants were sentenced to undergo 3 years under Section 307 read with Section 34 I.P.C. and to other lesser sentences. Feeling aggrieved against their conviction and sentence the Appellants have come up in appeal.

(2.) THE brief facts of the case are that the Appellants and the injured persons were farmers of Sondh in District Faridabad. On October 28, 1993 at about 4.00 P.M. Avtar Singh (PW -5) was grazing his buffaloes in a jungle adjoining the fields of the Appellants. One of the buffaloes entered the field and the Appellants started abusing Attar Singh. After this altercation Attar Singh returned to his fields. The Appellants followed him, Man Singh was armed with country made pistol while Jaggi was armed with a pharsa. Man Singh fired a shot from his pistol which hit Attar Singh on his right hand and chest. Attar Singh raised an alarm which attracted Badam (PW -6) and Jas Ram (PW -7). Jaggi stepped forward and gave phara blow on the left hand of Badam. On Jas Ram intervention the two injured were rescued and the accused escaped from the spot.

(3.) THE matter was reported to the police by Attar Singh (PW5) and F.I.R. was registered at Police Station Hodal at 6 -30 P.M. under Section 307/34 I.P.C. Investigation was commenced by SI Satyawati (PW -8) who after recording the statement of Attar Singh at the Police Station, referred the injured for medico legal examination. Both the accused were arrested on November 8, 1993. On the basis of Man Singh's disclosure statement a country made pistol was recovered from his possession alongwith live cartridges. Jaggi's interrogation led to the recovery of Pharsa. Both the weapons were taken into possession. After completion of the investigation accused were sent up for trial.