DINESH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) AS both the aforementioned appeals are against the judgment and order dated 23.12.2009 passed by the Additional Sessions Judge (Fast Track Court), Faridabad, they are being disposed of by a common judgment.

(2.) THE appellants, four in all, were tried for committing the offence punishable under Section 323 read with Section 34 IPC for voluntarily causing hurt to PW Manoj in furtherance of their common intention. They were also tried for the offence punishable under Section 302 read with Section 34 IPC for committing the murder of Om Parkash in furtherance of their common intention. Vide impugned judgment and order, the trial Court convicted and sentenced them as follows: -

(3.) THE case of the prosecution, in nutshell, is that Om Parkash, since deceased, resident of village Nangla Jogiyan was working as a Security Contractor in Paras Motors Company, Shahpur Khurd Road, village Sikri, District Faridabad. On 21.7.2008 at about 5.30 p.m., he got a call on telephone from his Supervisor Adesh Kumar that accused Brahm, son of Ganga Ram, resident of village Shahpur Khurd had come in the factory and gave a kick at the gate and when he and guard Kot Bahadur asked him as to what was the matter, Brahm, who was drunk, started manhandling him. On receiving the information, Om Parkash alongwith his son Manoj reached the premises of the company and on seeing him, Brahm again kicked the gate. When Om Parkash asked Brahm as to what was the matter, the latter, who was armed with an iron rod, gave a blow with the same on his head. He gave more blows with the iron rod, hitting Om Parkash on his left little finger and on his left leg behind the knee. The companions of Brahm gave beatings to his son Manoj on his left leg below his knees and also on his hand. The commotion created at the spot attracted labourers of the company, who rescued Om Parkash and his son or else the assailants would have caused more injuries to them.