RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution case in brief set up has been that on 14.10.1988 at about 7.15 p.m. Hari Singh had made a complaint in the police station Jhajjar to the effect that he is an Ex-Sarpanch. He resides in village Raiya and is an agriculturist. He also runs a brick kiln. Tek Chand resides in the adjacent village. Hari Singh and Tek Chand do not have good relations. There were elections for the Sarpanch. Wife of Bhoop Singh Lambardar was a candidate. Hari Singh supported the wife of Bhoop Singh and she was elected. Tek Chand and his family on that account were bearing grievance with him.

(2.) AT about 5.00 p.m. on 14.10.1988 Tek Chand with his nephew Joginder were going to Jhajjar from Raiya on the motor-cycle. Joginder was driving the said vehicle. They were at a distance of 3 kilometres from Jhajjar when a Maruti car was seen coming from the opposite direction i.e. from the side of village Kosli. Accused Raj son of Tek Chand was driving the car. Raj swerved the car towards the right side of the motor-cycle and tried to hit it. It was avoided by Joginder who turned the motor-cycle a little. When Tek Chand and Joginder were about 1-1/2 kilometres from Jhajjar, then the same car came from the opposite side and tried to hit them. Joginder stopped the motor-cycle and parked the same. Accused Raj and Baghe @ Dilbag accompanied by three others came out and started abusing Tek Chand and Joginder in terms of their mother and sister. They grappled with them. Raj and others slapped them. Raj aimed the pistol at Tek Chand and threatened him with dire consequences and threatened as to how he dared to come to their village. He further stated that election of Sarpanch would be held and they will see how Tek Chand opposes the said election or enters the village.

(3.) AFTER the trial and on appraisal of evidence, learned Judicial Magistrate, Jhajjar held the accused persons guilty of the offences punishable under Sections 148/323/506 read with Section 149 of the Indian Penal Code. Subsequently, by the order of sentence they were directed to undergo rigorous imprisonment for 3 months for the offence punishable under Section 148 Indian Penal Code, 6 months for the offence punishable under Section 323 Indian Penal Code, read with Section 149 Indian Penal Code and a fine of Rs. 300/- each and 6 months rigorous imprisonment for the offence punishable under Section 506 read with Section 149 Indian Penal Code. In default of payment of fine, they were to undergo rigorous imprisonment for 15 more days. The sentences of imprisonment were to run concurrently.