DHARAMBIR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Having been convicted and sentenced to imprisonment for life with fine amounting to Rs. 5000/ - and in default of payment of fine to further rigorous imprisonment for three months, each, under Sec. 302 of the Indian Penal Code, 1860 (for short, IPC); rigorous imprisonment for one year with fine amounting to Rs. 1000/ - and in default of payment of fine further rigorous imprisonment for one month each, under Sec. 325, IPC; and rigorous imprisonment for six months, each, under Sec. 323, IPC, vide judgment of conviction dated April 07, 2012 and order on quantum of sentence dated April 09, 2012 by learned Additional Sessions Judge, Fatehabad (here -in -after referred to as 'the trial court), convicts Dharambir son of Hari Singh and Satbir son of Lal Chand have brought the instant appeal with a prayer that the impugned judgment/order be set aside and they be acquitted of the offences of which they have been convicted and sentenced.

(2.) Stated briefly, prosecution story indicates that Dharambir, who was Sarpanch (headman) of village Chandrawal, was booked on the allegation of playing a fraud in disbursement of old age pension. Uncle of Anil (P.W. 1) (namely, Mahabir -PW3) was a witness against him in that case. At or around 07.30 p.m. on February 10, 2011, Anil (P.W. 1) and his elder brother -Satbir (PW5) returned to their house from village Bhuna (where Anil was running a karyana shop) in a car. They had just reached in front of their house when an Innova car bearing registration No. HR 22F 8900 being driven by Dharambir stopped in front of their house. Satbir son of Lal Chand and three/four others were accompanying him. Dharambir alighted from the car and called out Anil's father (Jagdish Sharma -PW2) saying that he would be taught a lesson for becoming a false witness against him. Jagdish Sharma (PW2) came out of the house and urged Dharambir to speak nicely. The latter, however, continued abusing the former and even attempted to enter his house. On hearing the noise Sonu wife of Satbir and Bimla (PW4) mother of Anil (P.W. 1) also came out in the street. Sonu (the deceased) told Dharambir that he being inebriated should go home and should talk in the morning. Upon this Dharambir caught hold of Sonu's hand, dragged her towards his car and tried to throw her in the car. Jagdish Sharma (PW2) and Phool Singh (Court Witness) rescued Sonu from him. Dharambir then took out an iron rod from the car and hit Sonu's head therewith. Anil (P.W. 1) tried to rescue Sonu. Thereupon Dharambir firstly drove his car backwards and then, with an intention to kill them, drove it forward and ran over Sonu and Jagdish Sharma (PW2). Sonu received injuries on her waist and head while Jagdish Sharma (PW2) received injuries on his legs and other parts of his body. Several inhabitants of the locality converged on the scene whereupon Dharambir fled the spot in the car alongwith his companions. Anil (P.W. 1), Raghubir (PW6) and Satbir (PW5) took Sonu and Jagdish Sharma (PW2) to General Hospital, Fatehabad. Jagdish Sharma (PW2) was admitted there but Sonu (the deceased), in view of her serious condition, was referred to Post Graduate Institute of Medical Sciences, Rohtak (for short, PGIMS), after giving first aid and conducting her medico -legal examination.

(3.) Dr. Sushil Kumar Yadav (P.W. 10) sent intimation (Ruqa), Exhibit P13, intimating the police of admission of Sonu and Jagdish Sharma (PW2) in the hospital. ASI Maya Ram (P.W. 13) reached General Hospital, Fatehabad. But Doctor declared Sonu and Jagdish Sharma (PW2) unfit to make a statement. However, Anil (P.W. 1) met ASI Maya Ram (P.W. 13) and suffered statement, Exhibit P1, before him. Based on statement, Exhibit P1, ASI Raghubir Singh (P.W. 12) recorded a formal First Information Report (for short, FIR), Exhibit P25, under Ss. 148, 149, 323, 325 and 307, IPC. Investigating Officer (P.W. 13, ASI Maya Ram) reached the spot of occurrence; drew a visual site plan, Exhibit P26, of the place of occurrence; recovered broken bangles vide memorandum, Exhibit P27; and recorded statements of witnesses.