SANNU ALIAS RAJU Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 17.2.1998/19.2.1998 of the Additional Sessions Judge, Ambala, whereby he convicted Sannu alias Raju son of Hans Raj and Chhotu alias Pardeep son of Kali Dass under Sections 302/34 IPC and sentenced them to undergo life imprisonment. They were directed to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo one year R.I. Both were also convicted under Sections 307/34 IPC and sentenced to undergo seven years R.I. and to pay a fine of Rs. 500/-. In default of payment of fine to further undergo R.I. for six months. Sentences were ordered to run concurrently.

(2.) WE will be deciding Criminal Appeal No. 165-DB of 1998 and Criminal Appeal No. 336-DB of 1998 by a common judgment, as they arise out of the same judgment/order of the learned Additional Sessions Judge, Ambala.

(3.) MANISH stated, that he worked as a tailor with his father Ramesh Kumar. On 10.3.1997 at 10.00 p.m., his father Ramesh Kumar, Sannu son of Hans Raj, Chhotu son of Kali Dass and Ravinder were playing cards in a room in front of J.K. Automobiles. Hari Kishan son of Sham Lal Sharma came to the house of Manish and told him, that his father had won in gambling from Sannu, Chhotu and Ravinder. Sannu and others were quarreling with him. Manish along with Hari Kishan went to the room. They saw a Sabbal (Iron rod) in the hand of Sannu, while Chhotu and Ravinder had bricks in their hands. Sannu gave a blow with the Sabbal on the head of his father and stated, that he had taught him a lesson for winning in gambling. Ravinder and Chhotu started throwing bricks, which hit on the face of his father Ramesh Kumar. Hari Kishan stepped forward to rescue Ramesh Kumar. All three of them, then started giving blows to Manish with bricks and Sabbal. Hari Kishan separated them. Hari Kishan and some other persons from the locality got Ramesh Kumar admitted in Civil Hospital, Ambala Cantt. He was referred to P.G.I., Chandigarh, but he expired on the way.