ROCKY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Rocky and Lakhan Singh have filed the present appeal challenging judgment dated 15.07.2011 passed by the Court of learned Additional Sessions Judge, Karnal whereby both the accused have been held guilty for having committed offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860 (for short 'IPC') and have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each. In default of payment of fine, they have to undergo further rigorous imprisonment for 3 years.

(2.) The case of prosecution is that on 24.8.2010, upon receipt of a telephonic message from Government Hospital, Karnal, regarding admission of Garib Dass in an injured condition, ASI Ishwar Singh reached the hospital, where he came to know that Garib Dass had been referred to PGI, Chandigarh for further treatment. The daughter-in-law of Garib Dass namely Mukesh Rani was, however, present there whose statement was recorded by ASI Ishwar Singh wherein she stated that on the night intervening 23-24.8.2010, at about 1 A.M., there was no electricity supply in their house. Her father-in-law Garib Dass and her mother-in-law Som Pati got up for the purpose of urination but accused Lakhan and Rocky who were standing on the way, started beating her mother-in-law all of a sudden. When Garib Dass raised alarm, Kurshaid husband of the complainant also woke up and reached there. Rocky gave a blow with 'lathi' on head of Garib Dass. Lakhan Singh caught hold of Kurshaid who was trying to rescue his parents. Rocky, thereafter pushed Garib Dass towards wall and the head of Garib Dass struck against the wall and he sustained injuries on the right side of his head. Lakhan Singh, who had caught hold of complainant's husband exhorted Rocky to give more beatings. It is further alleged that Rocky also hurled abuses to the complainant.

(3.) ASI Ishwar Singh, after recording statement of complainant, collected MLR of Garib Dass from the hospital and thereafter sent a 'ruqa' to Police Station, Karnal for registration of FIR and in pursuance thereof FIR No. 778 dated 24.08.2010 under section 323 and 506 IPC was registered at Police Station, City Karnal