SUKH SINGH ALIAS SUKHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal is directed against the judgment of the Additional Sessions Judge, Faridabad dated 26.9.1995 by which the Appellant Sukh Singh was convicted under the provisions of Sections 323 and 304 Part II of the Indian Penal Code. Appellants Yash Pal, Kallu and Pohap Singh were convicted under Section 323 of the Indian Penal Code. Appellant Sukh Singh was sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 500/ - under Section 304 Part II and in default of payment of fine, he was further directed to undergo rigorous imprisonment for 3 months. He was further sentenced to imprisonment for one year under Section 323 of the Indian Penal Code. Appellant Yash Pal, Kallu and Pohap Singh were released on probation.

(2.) ALL the four Appellants were arrayed as accused in an occurrence which took place on 13.10.1990 at about 2.30 p.m. Sullar complainant was present at his house in village Asavati when the accused persons, namely Sukh Singh, Yash Pal, Kallu and Pohap Singh came there armed with lathis and hurled abuses upon the complainant. Sukh Singh allegedly gave a lathi blow on the head of Sullar, Jassan gave another lathi blow on his left shoulder and Kallu hurled a brick bat hitting him on the forehead. Pohap Singh also hurled a brick bat hitting him on the left hand fingers. Lahorey and Budh Singh, brothers of complainant Sullar, and their mother Hardei also came out of the house. Accused persons are alleged to have given beatings to all these interveners and in the process Hardei received injuries at the hands of Appellants Jassan and Sukhan who are alleged to have given lathi blows on her right foot and shoulder and kick blows. Thereafter the complainant and all other injured persons first went to police station and then to the hospital at Palwal where they were medically examined by the doctors. Hardei, mother of the complainant was in a critical condition and she succumbed to the injuries on 14.10.1990 in B.K. Hospital at Faridabad. The FIR was registered at 9.15 p.m. on the same day. The police investigated the matter and challaned all the accused persons, pursuant to which all of them were charge -sheeted for having committed an offence under Sections 302 read with Sections 34, 325 read with Section 34 and 323 read with Section 34 of the Indian Penal Code. All the accused persons pleaded not guilty and claimed trial.

(3.) IN their statements under Section 313 of the Code of Criminal Procedure all the accused persons denied the allegations levelled against them. Appellant Sukhan stated that on the date of occurrence he and Jassan had returned to the village after selling milk at Faridabad and Delhi. They found Sullar, Lahore, Kishan Dei and Budh Singh standing in front of their houses armed with lathis and ballams and that they attacked him and Jassan. Thereafter Hardei and Kishan were attracted to the spot and then he and Jassan caused injuries to the male members as a measure of self defence and Kishan Dei and Hardei sustained injuries accidentally. Report was made to the police station and they were got medically examined by the police. They pleaded implication at the behest of the police.