DES RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Revision is directed against the judgment passed by the Ld. Sessions Judge, Sirsa in Criminal Appeal No.23 of 2003/2004 dated 21.9.2006. Vide the impugned judgment, the Ld. Court of Session had dismissed the aforesaid appeal, which was directed against the judgment of conviction passed by the Ld. Chief Judicial Magistrate, Sirsa in Criminal Case No.223-1 of 1995 dated 2.4.2003, followed by the order of sentence passed on 3.4.2003.

(2.) It may be mentioned that the present petitioners were all tried for the offences punishable under Sections 326, 324 and 323 read with Sec. 34 Penal Code on the charges that they had attacked and caused grievous injuries with sharp cutting weapons to the victims Sohna Ram and Jagga Ram at around 10 P.M. on 18.3.1995. It may be further mentioned that victim Sohna Ram and Jagga Ram apart from three other persons, namely, Mahender Ram, Bhira Ram and Shingara Singh were simultaneously tried for the offences punishable u/s 148 and 323 read with Sec. 149 Penal Code as they were accused of having caused injuries to the present petitioners in the self same occurrence, on the basis of which, the concerned FIR No.59 dated 19.3.1995 was drawn up in the Sadar Sirsa Police Station against both the groups involved.

(3.) After recording evidence led in the case, the Ld. Trial Court acquitted the opposing group of accused persons, namely, Sohna Ram, Mahender Ram, Bhira Ram and Jagga Ram, since he found that it was actually the present petitioners, who had tried to take possession of the disputed piece of land from the opposing group and had in the process in furtherance of their common intention caused grievous as well as simple injuries with sharp edged weapons. Consequently, after finding the petitioners guilty of the offences under Sections 326 and 324 read with Sec. 34 IPC, the Ld. CJM was pleased to award them sentences of Rigorous Imprisonment for four years apart from a fine of Rs. 5000.00 each for the offence u/s 326 Penal Code and for a period of two years for the offence u/s 324 Penal Code. The Ld. Appellate Court found no merit in the appeal preferred against the Trial Court's judgment, which was therefore, dismissed on 21.9.2006.