SANSAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SANSAR Singh, Lachman Singh, Jayant Kumar and Ashok Kumar were prosecuted and tried by the Additional Sessions Judge, Rohtak, for causing injuries to Maha Singh and Raj Mal. The trial Court found Sansar Singh guilty for the offence under sections 325/452, of the Indian Penal Code, and sentence him to two years, rigorous imprisonment and a fine of Rs. 500/- on each count or in default of payment of fine to undergo further rigorous imprisonment for two months, vide his order dated 14.9.1985. The other three accused were, however, acquitted of the charges. Sansar Singh appellant, feeling aggrieved, has filed this appeal.

(2.) ACCORDING to the prosecution wife of Sansar Singh appellant was washing dirty clothes on 25.10.1983 at about 4.00 p.m. on the water course maintained by the Municipal Committee Raj Mal (PW 2) asked her not to wash such dirty clothes there. She persisted. Raj Mal further requested her that it is highly improper wash such dirty clothes on this water course because water of this water course is consumed by the inhabitants of the city, but she did not desist.

(3.) ON the same night at about 1.00 a.m., one Maha Singh, PW his son Raj Mal (PW-2) and their relations Ramesh (PW-4) and Jagdish were sleeping in separate rooms of their house. There was barking of dogs. Maha Singh got suspicious, came out of the house and saw that the abovementioned four persons i.e. Sansar Singh and the there other accused along with three more persons had entered the house after scaling over the wall. Sansar Singh appellant at the time was armed with a hockey, Jayant Kumar with an iron pipe, while Ashok Kumar and Lachhman Singh had lathis. Seeing Maha Singh, Sansar Singh appellant gave two hockey blows on his head. Maha Singh raised an alarm. On hearing the alarm, Raj Mal, Ramesh and Jagdish also came out. On receipt of the injuries, Maha Singh fell down on the ground and while he was lying on the ground all the accused inflicted injuries to him with their respective weapons. Raj Mal tried to intervene. Jayant Kumar accused gave him blows on his arms, back and thighs. Thereafter all the accused and their companions left and ran away after scaling over the wall.