STATE OF HARYANA Vs. PARTAP SINGH AND ORS.

JUDGEMENT

(1.) STATE of Haryana has preferred the present appeal impugning judgment dated 06.12.2013 passed by the learned Additional Sessions judge, Sirsa whereby all the respondents have been acquitted of the charges under Sections 148, 307, 323, 506, read with Section 149 IPC. Pawan Kumar, who was charged for the offence punishable under Section 216 IPC was also acquitted but his acquittal has not been challenged.

(2.) FIR No. 88 dated 30.10.2011 was registered under Sections 148, 307, 323, 506, 216 read with Section 149 IPC on the statement of Balbir Singh. Alleged incident took place on 25.09.2011. Police party present at General Hospital Sirsa received medical ruqa regarding injured Balbir Singh and Mewa Singh along with medico legal reports. On opinion of the doctor being sought, injured were declared unfit to make a statement. Another ruqa regarding injuries sustained by accused Balbir Singh and Surjeet Singh was also received by the police. Balbir Singh was again declared unfit to make a statement on 26.09.2011 and Mewa Singh shifted to Sarvodaya Hospital, Hisar. Mewa Singh was declared unfit to make a statement at Sarvodaya Hospital, Hisar on 27.09.2011 on which the police officials after obtaining opinion of the doctor recorded the statement of injured complainant Balbir Singh. Balbir Singh narrated that he along with Devi Lal son of Sher Singh, Sher Singh son of Jagmal and Mewa Singh son of Chatar Singh were plucking cotton in their fields on 25.09.2011 at 2.15 p.m., Suddenly Hah Singh son of Nanak Chand (respondent No. 7), Partap son of Hari Singh (respondent No. 1), Bhal Singh and Bhoop Singh sons of Nanak Chand (respondents No. 2 and 3), Hanuman and Pritam sons of Partap Singh (respondents No. 10 and 11), Ram Kumar son of Hari Singh (respondent No. 8), Surjeet son of Bhal Singh (respondent No. 4) and Rajesh Kumar son of Bhoop Singh (respondent No. 9) came to their fields and assaulted them while they were having their meals. All the said accused were armed with lathies. They inflicted several injuries on their head, legs, back and other parts of the body. Accused Hari Singh declared that they shall be taught a lesson for taking their bricks to their house and he exhorted other accused to kill them. Hari Singh further declared that he would take care of future events. Accused persons were revealed to have fought with them about 5 days ago on account of leaving the bricks removed on digging a old canal. On 25.09.2011 itself at about 10.00 a.m. there had been a verbal altercation in their fields between Surjeet son of Bhal Singh and Bhal Singh son of Nanak Chand on one side and Mewa Singh injured on the other. The aforementioned persons had threatened to kill them. On being inflicted injuries, Balbir Singh etc. and Sushil son of Tara Chand working in nearby fields came to their rescue. Seeing the said persons, all the accused fled with their respective weapons. Injured were brought to the General Hospital, Sirsa by Chatar Singh on arranging a vehicle.

(3.) AS many as 15 witnesses were examined by the prosecution to prove its case against all the accused persons. All the accused pleaded innocence and false implication. In defence, DSP Puran Chand Panwar, (DW 1) was examined, who has deposed that on investigation he had found accused Manjit, Ram Kumar and Hanuman to be innocent.