KIRAN PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal at the instance of the appellants who stand convicted arises out of the following facts:-

(2.) AT about 7.30 or 8 A.M. on 23rd February, 1990, four boys namely Dharam Pal son of Gugan, Ajit son of Kishan Pal, Satbir son of Bali and Mukesh son of Bir Singh all residents of village Kheri Sultan, were playing with a ball in the street adjoining the house of Des Raj since deceased while Des Raj was sitting in the verandah of his house with a child in his lap. The ball, however, went inside the verandah and hit Des Raj on his hand on which, he asked the boys not to play in the street. Satbir, thereafter, started abusing Des Raj and left for his nearby house and returned soon thereafter armed with a lathi alongwith the five others accused namely Vijay Pal, Krishan sons of Gugan, Bali son of Nihal armed with a Jaili each and Kiranpal and Bir Singh, armed with lathis. On reaching the place, Vijay Pal uttered that they would teach Des Raj a lesson and entered the verandah of his house. Des Raj left the child he was carrying on the floor and retreated to the roof of his house followed by the six accused and by PWs Surinder Singh-PW7 and Dharam Pal. The prosecution story further is that Vijay Pal, Krishan and Balbir accused caused Jaili blows on the body of Des Raj, whereupon, he fell down on the roof of his house. The other accused, thereafter, caused repeated blows with their respective weapons. When the PWs Surinder Singh and Dharam Pal raised an alarm, the accused ran away from the spot with their respective weapons. The injured Des Raj was brought down from the roof of the house and was taken in a three wheeler to the Community Health Centre, Jhajjar, by Ram Avtar and Gainda Devi-mother of the deceased and was examined by Dr. S.C. Sharma, PW2, who found 10 injuries on his person. The doctor also sent ruqa Ex. PE to the police station concerned regarding the admission of the injured in the hospital and Ram Dia-Head Constable Police Station Jhajjar reached there and moved an application Ex. PF for getting the opinion of the doctor as to whether the injured was in a fit condition to make his statement. The doctor, however, rendered his opinion in negative. The next day, ASI Bijender Singh-PW9 moved an application Ex. PG seeking a similar opinion from the doctor who opined vide Ex. PG/1 that the patient was fit to make his statement. The statement of Des Raj Ex. PR was, accordingly, recorded at 6.30 A.M. on the 24th February, 1990 and a case under Section 323/452 of the Indian Penal Code etc was, registered.

(3.) AFTER the completion of the investigation, the police put up the accused for trial for offences punishable under Sections 148/452, 304 read with section 149 of the Indian Penal Code, but they were charged under Section 302 alongwith the other Sections mentioned above. They pleaded not guilty and claimed trial.