HARNEK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 21-SB of 1998 filed by the accused-appellants and Criminal revision No. 538 of 1998 filed by the complainant, having been arisen out of the judgment dated 20/22. 12. 1997 passed by the learned Additional Sessions Judge, Ambala, vide which, though accused appellants harnek Singh, Malkiat Singh and Darbara singh @ Dara were tried under Section 302 read with Section 34 IPC, but were convicted and sentenced under Section 323/325 read with Section 34, IPC as under :-Harnek Singh, Malkiat Singh and darbara Singh @ Dara u/s. 323/34, IPC ; To undergo rigorous imprisonment for six months each. u/s. 325/34, IPC : To undergo rigorous imprisonment for two years and to pay fine of Rs. 500/- each. However, both the substantive sentences were ordered to run concurrently.

(2.) IN nutshell, the prosecution story is that the land of Surinder Singh injured-complainant and that of Gurnam Singh and others adjoins each other, therefore there remained always a dispute over the turn of water. On 30. 7. 1992, at about 9. 30 a. m. when Surinder Singh was on his way to the fields, Malkiat Singh and Darbara Singh alias Dara came armed with lathies, attacked surinder Singh. Malkiat Singh inflicted a lathi blow on the head and left leg of surinder Singh, whereas, Darbara Singh alias Dara inflicted a lathi blow on his right arm. Surinder Singh fell down and thereafter. Harnek Singh accused came armed with lathi and inflicted numerous blows on the legs, ankle, foot, knee and forearm of surinder Singh. On the intervention of narinder Singh and Satwinder Singh PWs, the accused left the place. Surinder Singh was shifted to Civil Hospital, Ambala City.

(3.) ON the basis of the aforesaid statement, a DDR No. 22 dated 30. 7. 1992 was recorded. Later on, due to the deteriorated condition of Surinder Singh, he was shifted to PGI, chandigarh on 6. 8. 1992. PGI authorities sent ruqa to the Police Station Sadar, Ambala on 10. 8. 1992, regarding admission of surinder Singh in the PGI, consequent upon which HC Sushil Kumar along with other police officials went to PGI, Chandigarh and enquired about the condition of the injured, but due to his unfitness to make the statement, his statement could not be recorded. Ultimately, on 12. 8. 1992, Surinder Singh succumbed to his injuries.