MUKHTIARA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a revision-petition against the judgment dated 16-9-1987 of Sessions Judge, Kurukshetra vide which he had dismissed the appeal of the petitioners filed against the judgment of conviction dated 9-12-1986 and order of sentence dated 10-12-86 of the Judicial Magistrate, Ist Class, Kaithal. The learned Judicial Magistrate vide his order dated 9-12-1986 convicted all the accused-petitioners under Ss. 326/324/323/148 read with S. 149 of the Indian Penal Code and vide order dated 10-12-1986 sentenced them to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 200/- each under Section 326, I. P. C.; R. I. for one year under S. 324, I. P. C., R. I. for six months under S. 323, I. P. C. and also R. I. for 6 months under S. 148, I. P. C. In default of payment of fine petitioners-accused were ordered to undergo further simple imprisonment for a period of one month. The learned Sessions Judge, vide the aforesaid order dated 16-9-1987 maintained the conviction, however, reduced the sentence of two years to six months under S. 326, I. P. C., R. I. one year to four months under S. 324, I.P.C., R. I. six months to three months under S. 323, I.P.C. and R. I. six months to two months under S. 148, I. P. C. All the sentences were ordered to run concurrently. Thus, this revision-petition before me.

(2.) The facts in brief are that complainant Zile Singh son of Hem Raj, resident of Sishmore had a shop in the Harijan Basti. On 2-5-1985, he was sleeping in front of the shop at 9.00 p.m. when he heard the alarm "Mar Diya Mar Diya". Then he reached the spot along with Ram Sarup son of Swaran and Amar Singh son of Mangal. When they reached there they found that Hari Singh the son of the complainant's uncle was lying in the Bara. Mukhtiara son of Khema armed with a Gandasi, Shankar son of Khema armed with Jali, Chandu son of Gokal armed with a Barchhi, Om Parkash son of Chandu armed with a Jalli, Lal Singh son of Rulia armed with a Jalli, Tek Chand son of Rulia armed with Gandasi, Bhana son of Diwana armed with Gandasi, Hoshiara son of Bhaga armed with Gandasi, were beating Hari Singh with their respective weapons. Mukhtiara gave Gandasi blow on the right shoulder of Hari Singh and all other accused started giving beatings to Hari Singh with their respective weapons. On raising alarms by the complainant, Bija son of Kanhiya, Rati Ram son of Amar Singh also reached on the spot. They also saw the accused inflicting injuries on the person of Hari Singh. On seeing the witnesses, the accused ran away with their respective weapons.

(3.) The motive for giving the injuries has been described that there was a dispute between the children of Hari Singh and Mukhtiara on the tank, on the same day and the women of both the families also abused each other. It was also alleged that the accused inflicted injuries on the person of Hari Singh with a common object. Hari Singh was, therefore, removed to Civil Hospital, Kaithal where he was medically examined and after receiving the rukka Ex. PE Phool Kumar ASI rushed to the Civil Hospital, Kaithal. Then the ASI Phool Kumar obtained the opinion of Dr. J. D. Popli, Ex. P. 4 and the said doctor opined that Hari Singh was unfit to make his statement. In this situation, statement of complainant Zile Singh Ex. PA was recorded and a rukka was sent to the policestation on the basis of which First Information Report Ex. PA/1 was recorded.