GOPI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is filed against the conviction and sentence imposed by the learned Additional Sessions Judge, Kamal on the accused-appellants in Sessions Case No. 33/2 of 85, dated 6-10-1986.

(2.) The accused-appellants were prosecuted for the offences under Sections 308/34,325/ 34 and 323 read with Section 34 IPC. According to the case of the prosecution, on 4-9-1985, Molu son of Makhan and Ishwar son of Jeeta were admitted in the Primary Health Centre with injuries and on receiving an intimation ASI Om Parkash went there and rendered the statement of Ishwar who was an injured person. According to him, his father had three brothers namely, Munshi, Molu and Gopi Ram (accused No. 1) and all of them had a common Khal for irrigating their fields for which they have separately put up electricity run tubewell and a diesel engine each. On the date of incident at about 7.00 A.M. his uncle Gopi Ram (Accused No. 1) started irrigating his maize crop and since he too had to irrigate his fields, he sent his tenant Mahabir to inform Gopi Ram that he might irrigate his maize field up to 5 P.M. where-after he (Ishwar) would be irrigating his field. At about 4.00 P.M. Mahabir returned and told him that Gopi would not stop his tubewell till his fields were fully irrigated. On this, Karan Singh son of Molu, Molu son of Makhan and other accused went to their tubewell alongwith Mahabir where they found Sukhbir son of Gopi Ram, irrigating his fields. Thereafter at about 5.00 p.m. Ishwar started his tubewell. At that time all the accused carrying Lathis came there and fell upon the complainant and gave him Lathi blows. Molu was also beaten. Meanwhile, Mahabir intervened and also raised an alarm on which all the accused fled away. Thereafter, the injured Molu and Ishwar were brought to the hospital. On the basis of the statement of Ishwar, ASI Om Parkash registered the case. On the next date i.e. 5.9.1985, the ASI recorded the statement of Molu at Civil Hospital Panipat 10 which place Molu was shifted for further treatment but he could not record the statement of Molu as he was not in fit condition to give a statement. Thereafter, his statement was recorded on 16-9-1985. After completion of investigation, a charge sheet was filed against all the accused for the offences under Sections 308/34, 325/34 and 323/34 IPC. After committal of the case the learned AddI. Sessions Judge, Kamal framed appropriate charges against the accused and the accused pleaded not guilty to the said charges. In order to prove the guilt of the accused, the prosecution examined nine witnesses and marked certain documents. After closure of the prosecution evidence, the accused were examined under Section 313 Cr. P.C. and in defence, they examined three witnesses. On a consideration of the evidence on record, the learned AddI. Sessions Judge convicted the accused for the offences under section 325 read with Section 341PC and Section 323 read with Section 34 IPC, but acquitted the accused for the offence under Section 308 IPC. The learned AddI. Sessions Judge released the accused Ram Kishan and Azad Singh on probation on their furnishing bonds in the sum of Rs 5,000/- with one surety each in the like amount while sentenced accused Gopi Ram and Sukhbir, to undergo rigorous imprisonment for a period of 2 years and to pay fine of Rs. 500/- each for the offence under Section 325/34 IPC and also sentenced both of them to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 200/- for the offence under Section 323 read with Section 34, IPC. Aggrieved by the said conviction and sentence imposed by the learned AddI. Sessions Judge, the accused appellants filed the above appeal.

(3.) It is the case of the prosecution that on 4-9-1995, all the accused caused injuries to Molu and Ishwar, PW 1 deposed that he examined Molu on 5-9-1985 and found fracture of frontal bone. PW I also deposed that he found the fracture of the lower end of ulna on the left side on the person of Ishwar. PW 2 who is the Medical Officer of Primary Health Centre Samalkha, deposed that on 4-9-1995 he examined Molu son of Makhan and found the following injury on his person: