SOM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants were accused in Sessions case No. 10/2 of 1986 - Sessions Trial No. 24 of 1986 in the Court of learned Additional Sessions Judge, Karnal. By the judgment dated 13.8.86, they were convicted. Appellant No. 1 was convicted for the offences under Sections 326, 325/34 and 323/34 of the Indian Penal Code; appellant No. 2 was convicted for the offences under Sections 326/34 and 323 of the Indian Penal Code and appellant No. 3 was convicted for the offences under Sections 325 and 323 of the Indian Penal Code and they were also sentenced for various terms. Being aggrieved by the said judgment of conviction and sentence, they filed the present criminal appeal.

(2.) THE original complainant Om Parkash, who was one of the injured persons, has filed a revision application with a prayer of enhancing the sentence awarded to the appellants.

(3.) REGARDING the conviction Mr. Cheema argued that the conviction cannot be sustained while learned Advocate for the State argued to the contrary. The incident had taken place on 7.11.1985 at 7.30 p.m. The complaint regarding the said incident was recorded on 8.11.1985 at 1 p.m. upon which the formal FIR was recorded at 1.15 p.m. on the same day. The case of the prosecution is that about 2 years prior to the incident, appellant No. 1 had made false allegations against the complainant for misbehaving with his wife and the complainant was found innocent and compromise was got effected in the village with each other. Due to that, Som Pal accused-appellant No. 1 had a grudge against the complainant in his mind. At the time of incident when the complainant was standing in the street in front of his Baithak, appellant No. 1 armed with a gandasi and his brother appellant No. 2 armed with a lathi came towards the complainant. Appellant No. 1 said that the complainant should be taught a lesson for misbehaving with his wife and gave a gandasi blow which hit on the left side of the forehead of the complainant. Appellant No. 2 gave a lathi blow on his right foot. The complainant fell down. In the meantime, appellant No. 3 armed with lathi reached the spot and he gave the complainant a lathi blow in his right hand. During the incident Dhanpati and Lokesh, wife and sister respectively of the complainant came there and the appellants also caused injuries to them. It is also stated in the complaint that they also gave simple injuries in self-defence to the appellants. The complainant thereafter raised an alarm "Mar Dia, Mar Dia" and on hearing his noise, Dharam Pal son of Lal Singh and Pala Ram son of Ajaib Singh reached the spot and they rescued the complainant from the clutches of the appellants. After the incident, brother of the complainant named Ved Parkash took the complainant and his wife to the hospital. The complainant remained unconscious due to the medicines given to him and after gaining consciousness, he made a statement before the police.