STATE OF HARYANA Vs. NARESH PAL AND ORS.

JUDGEMENT

(1.) The State challenges acquittal of the respondents of the charges under Ss. 302/326/325/324/323/148/149 IPC.

(2.) FIR was registered on the statement of respondent No. 1 Naresh Pal on 23.1.1992, to the effect that on account of flow of water to the street, Joginder Singh assaulted Smt. Lachhmi and Smt. Parkasho. Sarwan Singh, deceased armed with 'gandasi', Surjan Singh PW11 armed with 'lathi', Jarnail Singh PW12 armed with 'lathi', Dayal Singh armed with 'barchha', Avtar Singh, Raghbir Singh and Dharma armed with 'lathis' came to the spot and started abusing the womenfolk. Ram Lal, Ram Nath, Hukam Chand and Bansi Lal came in the street. Joginder Singh came with a gun and hit Naresh Pal on the right leg. He fired another shot which hit the fingers of right hand and chest of Naresh Pal. Sarwan Singh gave 'gandasi' blow on the left side of head of Ram Lal. Surjan Singh gave 'gandasi' blow on the right arm of Ram Lal and Dayal Singh son of Ram Kishan gave 'barchha' blow on the head of Ram Nath. Avtar Singh gave 'lathi' blow on the right hand of Ram Nath. Rattan Singh gave 'lathi' blow on his right leg. Raghbir Singh gave 'lathi' blow on the head of Hukam Chand. Dharma gave 'lathi' blow on the right arm of Hukam Chand. Sant Ram gave 'lathi' blow to Bansi Lal. On alarm being raised, Jai Singh and Ram Chand also came to the place of occurrence. In self defence, they also gave injuries to Joginder Singh. This statement was recorded by ASI Gurdial Singh PW15 at 10.30 AM on 23.1.1992, on the basis of which case was registered under Ss. 323/324/148/149/307 IPC against Joginder Singh, Dayal Singh, Jarnail Singh, Avtar Singh, Surjan Singh, Sant Ram, Rattan Singh, Raghbir Singh and Dharma. After investigation, they were sent up for trial in Sessions Case No. 17 of 1992. After considering the evidence, they were acquitted vide judgment dated 23.2.1996 by the Sessions Judge, Kurukshetra. The said judgment has become final.

(3.) A cross case was registered against the respondents - Naresh Pal, Ishwar, Hukam Chand, Ram Nath, Ram Lal, Shiv Kumar, Anil Kumar, Bansi Lal, Pawan Kumar and Ram Kumar, on the statement of Surjan Singh PW11 recorded by ASI Gurdial Singh PW15, inter -alia, alleging assault on Sarwan Singh, who died in the PGI, Chandigarh on 30.1.1992. Version given by Surjan Singh in his statement Ex. DA is to the effect that on 23.1.1992 at 9 AM, he was talking to Sucha Singh in the street in front of Cooperative store. Rattan Singh, Bhura and Gurmail Singh were standing. Rattan Singh was telling Bhura that he should pay money towards rent of water of tubewell. Bhura said that he will not pay money as he had opposed him in the election. Gurmail Singh insisted that money should be paid on which Bhura gave a slap to him. Ram Lal, Pawan, Bansi Lal, Ram Nath, Hukma, Naresh alias Neshi, Ishwar armed with 'gandasis', Leela and Shibba armed with 'lathis' also caused injuries. Shibba inflicted 'lathi' blow on left hand of of Surjan Singh. On alarm being raised, Rattan Singh and Sucha Singh also came. In self defence, they caused injuries to Hukma etc. Amarjit Singh and Dev Singh brought the injured to the hospital at Shahbad. Sarwan Singh and Gurmel Singh were referred to PGI.ASI Gurdial Singh visited the hospital and obtained the opinion of the doctor and recorded the statement of Surjan Singh. After recording the statement, he conducted investigation without registering a separate FIR. On 31.1.1992 at 1 AM, he received a message from PGI Chandigarh that Sarwan Singh had died. He went to PGI, prepared inquest report and sent the dead body for post mortem examination. He arrested the accused. Ram Nath, accused made a disclosure statement leading to recovery of 'gandasi'. Hukam Chand accused made a disclosure statement and got a 'gandasi' recovered. Ram Nath also got a 'gandasi' recovered. During interrogation, Pawan Kumar got a 'gandasi' recovered. Bansi Lal accused also got a 'gandasi' recovered. Thereafter, during interrogation, Naresh Pal got a 'gandasi' recovered. Ishwar Singh also got a 'gandasi' recovered. After completing investigation, the accused were challaned.