RANBIR SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED Ranbir Singh son of Zile Singh, Amar Nath son of Deep Chand (since deceased), Rohtash son of Amar Nath, Inder son of Ratia (appellant), Satyawan son of Inder Singh (since deceased), Zile Singh son of Chandgi (since deceased), Surja son of Ghasi, Prem son of Pirthi, Dilbagh son of Amar Nath, Ranbir Singh son of Inder Singh and Ram Dhari son of Giani Ram faced trial for offence punishable under Sections 307, 506, 324, 325, 323, 341 read with Sections 148 and 149 IPC and trial court (Additional Sessions Judge, Panipat) recorded conviction of the appellants along with Satyawan and Zile Singh for offence punishable under Sections 325, 324, 323, 506 read with Section 148 and 149 IPC. Regarding the remaining accused it was observed in para 12 as follows:

(2.) FIR No. 80 dated 01.04.1995 was registered at Police Station Matlouda, District Panipat on the statement of Jagbir Singh -complainant as the injured Zile Singh was declared unfit for making statement. In his statement Jagbir Singh has stated that his father Zile Singh was elected Sarpanch of the Village Adiana for the tenure 1994 -95. Amar Nath son of Deep Chand appellant and others, who belong to the party of Mahabir Singh, Ex -Sarpanch, were nursing grudge against his father and have also involved him (Zile Singh) in many cases. Due to party faction in village his father started living with the complainant at Panipat. On previous night before the occurrence his uncle Ajmer Singh came to the village to fix the date of marriage of his brother and on receiving this news Zile Singh also came to the village. At about 7.00 am Ajmer Singh and Zile Singh had gone towards Dange Wala fields to answer the call of nature and the complainant and his brother Ranbir were following them. On the way Amar Nath son of Deep Chand armed with Gandasa, Rohtash son of Chandgi armed with Jailly, Inder son of Ratia, Zile Singh son of Chandgi, Ranbir Singh son of Zile Singh, Satyawan son of Inder all armed with lathis with their common intention, came to the spot and attacked Zile Singh causing him injuries with their respective weapons and also raised lalkara to teach him lesson for becoming Sarpanch of the village. Zile Singh fell on the ground in an unconscious state. The complainant and his brother reached the spot at which the assailants ran away from there. When they tried to pick up their father they found that his left arm and left hip have got fractured. On reaching the Village, Amar Nath and others raised lalkara and many people reached the spot which include Balbir son of Sarupa, Ranbir son of Kidara, Raj Singh son of Meer Singh, Suba son of Makhan, Satyawan son of Masudi and they tried to take injured Zile Singh in hospital in a jeep. Amar Nath and other blocked the passage of the jeep near the Village pond and caused injuries to Balbir Singh and others. Complainant turned their jeep and taking kucha passage in the village reached Government Hospital, Panipat where Zile Singh was got admitted. Dr. C.V. Singh (PW -3) conducted medical examination of Zile Singh and found following injuries on his person:

(3.) A contusion 6 X 2 c.m. on lateral aspect of left arm. 6.5 c.m. above the elbow joint. Reddish colour was present.