JAGDISH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED -appellant Jagdish son of Ganpat and accused -appellant Ramchander son of Jagdish have challenged the judgement passed by the trial Court whereby they were convicted under Section 325/34 IPC and sentenced to undergo R.I. for 3 years and to pay a fine of Rs.3000/ - each and in default, to undergo further R.I. for 9 months and were also convicted under Section 307/34 IPC and sentenced to undergo R.I. for 10 years and to pay a fine of Rs.5000/ - each and in default, to undergo further R.I. for 2 1/2 years.

(2.) PW 1 Rakesh Kumar is the son of PW3 Lali Devi. PW1 has set the law in motion by lodging the first information report. He has deposed before the trial Court during the course of evidence that accused Jagdish had illegally encroached upon a pathway and instructed PW1's family not to use the said pathway. On 10.11.2010 at about 10.00 a.m. accused Jagdish came to his house and instructed him not to use that pathway as it was not a public one. The father of PW1 insisted that the rasta is public one and he could not stop them to use that path and also informed him that he would make a complaint to the Sarpanch in that regard. On 12.11.2010 at about 4.30 p.m., PW1 Rakesh Kumar and his mother PW2 Lali Devi were standing in front of their house. Accused Jagdish and accused Ramchander alongwith others came over there in a tractor. Accused Ramchander was driving the tractor. Accused Jagdish having an iron rod exhorted others to finish the complainant party. Thereupon, accused Ramchander hit PW3 with the tractor. She fell down. Accused Ramchander passed the tractor over PW3. Thereafter, he reversed the tractor and again hit PW3. PW3 sustained injuries on her neck and head. Accused Sumit gave kulhari blow on PW1 Rakesh's head. PW5 Jagat Singh and one Manoj Kumar reached there on hearing the noise. Thereafter, the accused left the scene of crime.

(3.) PW 5 Jagat Singh is one of the eye witnesses to the occurrence. He also completely supported the version of PW1 and PW3.