KARNAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal directed by the accused- appellants against the judgment dated 4.7.1998 passed by Sh. P.L. Ahuja, Additional Sessions Judge, Ambala, vide which the appellants have been convicted under Sections 325 and 324 read with Section 149 IPC. Ram Lal, Karnail Singh, Harnek Singh and Raj Kumar were sentenced to undergo rigorous imprisonment for a period of the years and to pay a fine of Rs.1,000/- each for the offence punishable under Section 325 read with Section 149 IPC. In default of payment of fine, they were to undergo further rigorous imprisonment for a period of three months. The above four accused were also sentenced to undergo rigorous imprisonment for a period of one year each for the offences punishable under Section 323 read with Sections 149 and 148 IPC. Accused Channa @ Gurcharan Singh, Hari Chand, Baljit Singh and Sahib Singh were sentenced to undergo rigorou imprisonment for a period of two years and to pay a fine of Rs. 1,000/- each for the offence punishable under Section 325 read with Section 149 IPC. In default of payment of fine, they were to undergo further rigorous imprisonment for a period of three months each. They were also sentenced to undergo rigorous imprisonment for a period of one year each for the offences punishable under Sections 324 read with Section 149 IPC and 148 IPC. All the sentences were ordered to run concurrently.

(2.) THE law was set on motion by recording the statement Kesar Singh PW-5, who has stated that he is a labourer and resides it village Machhaunda. On 12.5.1994, at about 9-9.30 p.m., when Kesar Singh returned to his house, his wife Joginder Devi told him that Chand son of Mehar Singh had come to their residence and ha hurled abuses on them. She also told that he had also asked them to come out of the house. On 15.5.1994 at about 7 a.m. accused Sahib Singh, Harnek Singh s/o Mehar Singh, Ram Lal, Karnail Singh, Raj Kumar son of Sant Ram and Chand son of Bachna Ram came armed with gandasis. Accused Gejo, Phool Wati and wife of Harrel. (Paramjit) and some other persons were holding pieces of stones and bricks. They came to the house of Kesar Singh in pursuance of common object of all. Accused Ram Lal gave a gandasi blow on the head of Kesar Singh. Karnail Singh gave a gandasi blow on the right shoulder of Kesar Singh. Harrnek gave a gandasi blow on the right arm of Kesar Singh and accused Raj gave a gandasi blow on the back of Kesar Singh. The abovesaid lady accused threw pieces of stones and bricks towards Kesar Singh. He raised an alarm of "Mar Diya Mar Diya". On hearing his alarm many persons of the village reached there and on seeing them, the accused ran away with their weapons. Kesar Singh lost his consciousness and was removed by his relatives to Civil Hospital, Ambala City.

(3.) CHARGES for offences under Sections 148, 452 read with Section 149 IPC, 325 read with Section 149 IPC, under Section 324/149 IPC and 316 read with Section 149 IPC were framed against the accused, to which they pleaded not guilty and claimed trial.