BALWAN AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The three appellants, namely, Balwan, Surender and Ramesh, who are sons of Dalip Singh and residents of village Khera Kheri, District Fatehabad have filed the present appeal against the judgment and order dated 13/17.8.2005 passed by learned Sessions Judge, Fatehabad, whereby, they stood convicted under Section 307 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000/- each and in default of payment of fine, to further undergo simple imprisonment for three months. They were also convicted under Section 324 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/- each and in default of payment of fine, to further undergo simple imprisonment for fifteen days. Both the sentences were ordered to run concurrently. The period of custody already undergone by them during the trial of the case was ordered to be set off as per the provisions of Section 428 Cr.P.C.

(2.) Aggrieved of their conviction and sentence, the appellants filed the present appeal, which was admitted on 16.9.2005. Subsequently, vide order dated 28.4.2006, Balwan appellant was granted concession of bail whereas Surender and Ramesh appellants were granted the same relief on 24.7.2006.

(3.) According to the prosecution, on 3.6.2002 at about 10.15 p.m., complainant Ram Lal and his son Daya Nand were sitting in front of their house in an open space and street light was on. The other members of the family were sleeping inside the house. In the meantime, Balwan and Ramesh accused armed with a gandasi each and Surender accused armed with a lathi came there. Balwan accused raised a lalkara that the complainant be taught a lesson for quarreling with him on that day. Thereafter, he gave a gandasi blow on the head of the complainant. Surender accused gave a lathi blow on his nose. Ramesh accused gave a gandasi blow to the complainant on his head. As a result, the complainant fell down on the cot. Balwan and Ramesh, thereafter, gave gandasi blows on his head. The alarm raised by Daya Nand attracted Pawan and Jai Bhagwan, sons of Ram Lal, and other persons from his neighbourhood. Seeing them, all the three accused ran away while carrying their respective weapons.