STATE OF HARYANA Vs. GURMUKH SINGH

JUDGEMENT

(1.) This petition for leave to appeal has been filed by the State against acquittal of the respondents, while convicting co-accused Balbir Singh @ Bheera and Amir Singh. Case of the prosecution is that on 03.02.2003 at 12 noon, Mohinder Singh (deceased) was going in the street of the village with fodder on his head. Near water tank, accused Balbir Singh @ Bheera, Amar Singh, Raju, Avtar Singh, Sonu and Gurmukh Singh came with Gandasis, Barchhis and Gandasas. Accused Bheera gave a lalkara to teach a lesson to Mohinder Singh for making secret information

(2.) against them to the police. All the accused started causing injuries with their respective weapons. Bheera gave a Gandasi blow on his right hand, Amir Singh gave a gandasi blow on his left hand, Sonu gave a gandasi blow on his left shoulder, Raju gave a gandasi blow on his left leg, Avtar Singh inflicted a Barchhi blow on his right leg and Gurmukh Singh gave a gandasi blow on left side of his back. Mohinder Singh raised alarm, on which, Balkar Singh and Kartar Singh were attracted, who rescued him from the accused persons. Mohinder Singh was admitted to Community Health Centre, Shahbad. Thereafter, he was referred to PGI, Chandigarh, where he died on 12.12.2003. FIR was registered on the statement of Balkar Singh, eyewitness.

(3.) During investigation, Raju, Gurmukh Singh, Sonu and Avtar Singh were declared to be innocent and only Balbir Singh and Amir Singh were challaned. However, after recording the statement of Balkar Singh, eyewitness, other co-accused were also summoned under Section 319 Cr.P.C. Sonu and Avtar Sigh, being juvenile, were sent to Juvenile Justice Board while four other accused were tried together, out of whom two have been convicted and two acquitted, as mentioned above.