SATYAWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) These five appellants were convicted of the charges under Ss. 148, 302 read with S. 149 and 325 read with S. 149 of the Indian Penal Code.

(2.) Briefly stated the prosecution case is as follows:- The incident of assault took place at about 7.00 p.m. on 10-10-1989. At that time deceased Jangli (complainant) with his brother Bhim Singh were in the courtyard of their house. Then these five accused-appellants along with a juvenile offender Deva son of Chatra, arrived at the spot. Appellants Nos. 1 and 2 were armed with Jaili (an agricultural instrument having two prongs), and the remaining appellants were armed with a stick. Appellant No. 1 demanded explanation from Jangli and Bhim Singh as to why they were harassing these appellants. He further threatened to teach them a lesson. This challenge was followed by an attack by these appellants. Jangli the complainant and his brother Bhim Singh were variously injured in the attack. At a later stage, we will refer in detail to the injuries sustained by them. These victims of the assault then raised a cry. At about that time Rukmani, the mother of Jangli also came out of the house and raised shouts for help. Thereupon all these accused-appellants fled away with their respective weapons. The injured were then carried in a three-wheeler and were brought to the hospital at Sonepat. The doctor examined the injuries of both these persons and treated them. Meanwhile, he also sent an information to the police regarding the admission of these two injured persons. Assistant Sub-Inspector Pirthi Singh who was then on patrolling duty, happened to get the information from the doctor about the admission of these injured persons. He, therefore, came to the hospital. He then contacted the doctor in order to ascertain whether the injured were in a position to give a statement. After having obtained such an opinion, he proceeded to record the report of injured Jangli. That is how the First Information Report in this case came to be recorded at about 8.00 a.m. on 11-10-1989. It was duly registered at the Police Station at 8.25 a.m. on 11-10-1989. It may be mentioned here that Police Station Sadar Sonepat is at a distance of about 18 1/2 kilometers from Bhohla Khurd where the incident took place. Papers indicate that from 19-10-1989 to 24-10-1989 injured Jangli was indoor patient in the hospital at Rohtak. Jangli succumbed to his injuries at about 9.30 p.m. on 24-10-1989.

(3.) Initially, the case was registered under Ss. 148 and 323 read with S. 149 of the Indian Penal Code. Later on, on the death of Jangli, the offence carne to be registered under S. 302 read with 149 and 148 of the Indian Penal Code. The appellants were, thus, came to be prosecuted for the offence under S. 302 read with 149 Indian Penal Code in respect of the death of Jangli, and under S. 325 read with S. 149, Penal Code in respect of injuries caused to Bhim Singh. The appellants were also prosecuted for offence under S. 148 of the Penal Code.