RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) We will be deciding Criminal Appeal No.918-DB of 2003 and Criminal Revision No.436 of 2004, as they arise out of a common judgment/order.

(2.) This is an appeal against the judgment dated 17.10.2003 of the learned Additional Sessions Judge, Jind whereby he convicted the appellants under various Sections of the IPC and sentenced them to undergo imprisonment on various counts. During the course of trial, Ramphal son of Surat Singh died. Appeal against him has thus abated.

(3.) The case of the prosecution is unfolded by statement Ex.PA of Randhir son of Malde given to Daya Nand ASI on 21.4.1997 at 1.00 P.M. in Civil Hospital, Jind. Randhir Singh has stated that he is a cultivator by profession. There are 105 killas of land in the name of Baba Gajrajgir in village Pokhri Kheri. Litigation between Baba Krishangir and Baba Joragir qua this land went up till the Supreme Court. Matter was decided in favour of Baba Krishangir. Land is in possession of Baba Krishangir. Men of Joragir had in the month of August attacked Baba Krishangir and fired at him in the Courts at Jind. Joragir had a grudge and wanted to take possession of this land. Complainants are the helpers of Baba Krishangir. On 21.4.1997 Mahant Narmadagir, Tirthgir and Nimbupuri were sitting in the Dera. Complainant along with Vedpal, Ramesh, Raj Kumar, Phool Singh and Ajit, all residents of Pokhri Kheri were also sitting in the Dera with them. At 7 A.M. while they were sitting in the Dera of Krishangir, Rajbir armed with a gandasa, Rajesh with an unlicensed pistol, Mukesh having a brick in his hand, Ram Mehar alias Babru having a gandasa in his hand, Shri Krishan having a brick in his hand, Suresh having an iron rod in his hand, Dharambir son of Maha Singh having a lathi in his hand, Dharambir son of Rajmal having an unlicensed pistol in his hand, Prem having an unlicensed pistol in his hand, Teka having a lathi in his hand, Hoshiara having a lathi in his hand, Jage having a lathi in his hand, Ramphal having a gandasa in his hand, Ramesh having a lathi in his hand, Lachhman having a gun in his hand, Chander Bhan empty handed, wives of Rajmal, Hoshiara, Jage and Rajbir and Ramrati daughter of Duni and some other people came there. The ladies were having brick-bats in their hands. Chander Bhan gave a lalkara to teach us a lesson for not allowing them to enter the land. Krishan son of Giani Ram, who was standing on the wall of the house of Hukam Singh, who was in the party of the complainant, tried to intervene and asked the Gosain party as to why they attacking them. Thereafter Dharambir fired at Krishan. It hit Krishan on his mouth. Prem fired from his pistol at Vedpal, which hit him on his right shoulder, Jage gave a lathi blow on the head of Ramesh's brother. Teka gave lathi blows on his right arm, Ramesh (appellant) gave iron rod blows on the left arm, Suresh gave lathi blows on the left hand, Ram Mehar dealt lathi on the head of Raj Kumar, Dharambir son of Maha Singh gave two lathi blows on the left hand of the complainant, Rajbir gave a gandasa blow on the back of the shoulder of Phool Singh from the sharp side, Ramphal gave a gandasa blow on the elbow of the right arm from the blade side, Hoshiara gave lathi blows on the right hip of the complainant. Mukesh hurled brick bats on the right thigh of the complainant. Rajesh fired a shot at the complainant from his pistol which hit him on his left hand. During the fight, Darbara son of Chhotu Ram and Rajpal son of Nafe Singh also came to the spot and witnessed the occurrence. All the assailants then ran away. Bhim Singh son of Nafe Singh took the injured to Civil Hospital, Jind in a tractor. Krishan succumbed to the fire shot injury on the way. Appellants wanted to enter the Dera with mala fide intention to take possession. On the basis of this statement, FIR Ex.PY was recorded on 21.4.1997 at 1.30 P.M. Special report reached the A.C.J.M, Jind on the same day at 4 P.M. Prosecution to prove its case brought into the witness box Randhir as PW1, Ajit as PW2, Vedpal as PW3, Rajpal as PW4, Dr.M.L.Kochar as PW5, Dr.V.K.Satija as PW6, Dr.Suraj Kamboj as PW7, HC Om Singh as PW8, HC Rajbir Singh as PW9, Veer Bhan as PW10, C. Satish Kumar as PW11, Naresh Kumar as PW12, ASI Dharambir Singh as PW13, C.Balwant Singh as PW14, ASI Dhanpat Singh as PW15, C.Dewan Singh as PW16, Inspector Chander Bhan as PW17, Retired ASI Prem Dass as PW18, Tirath Giri as PW18, Daya Nand SI as PW19 and Umed Singh Ahlmad as PW20.