GOPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed by Gopal Singh, Amrik Singh and udham Singh sons of Sh. Inder Singh, residents of village Chaur Sidhwan, Police Station Sadar, gurdaspur, against their conviction and sentence awarded by the Court of learned Additional Sessions Judge, gurdaspur, who vide his judgment and order dated march 3, 1997, convicted and sentenced them as under :-

(2.) THE petitioners were said to be prosecuted in a complaint instituted by Shangara singh, who is none else but brother of the three appellants/accused. It is sad that one brother on one side and three brothers on other side are engaged in a criminal litigation since November 1990.

(3.) BRIEFLY stated, complainant instituted the complaint on November 26, 1990 alleging therein that he and three appellants/ accused are real brothers and sometimes before the occurrence, father of the complainant had sold his three kanals of land to the sons of complainant and delivered possession, due to which the present appellants became hostile. It is further alleged that on 8-11-1990, the complainant had sowed wheat crop in the land and after doing so he came back to his house at 5. 30 p. m. At about 6. 15 p. m. he along with his son Baldev singh, wife Piar Kaur and daughter Amarjit kaur was present in the house then he heard a noise of breaking of outer gate bolt and in the light emanated from the courtyard saw all the three accused/appellant. Out of them accused Gopal Singh was armed with chhavi, whereas accused Amrik Singh and udham Singh were armed with dang in their hands. It is further stated that after raising lalkara accused Gopal Singh gave a chhavi blow on the forehead of the complainant, accused Amrik Singh gave a dang blow which hit on the left thigh of the complainant and udham Singh also gave a dang blow which hit on the right forearm of the complainant, due to which, the complainant fell on the ground. Thereafter. Gopal Singh gave chhavi blow from its reverse side which hit on the right leg of the complainant and amrik Singh gave one more dang blow which hit on the back of the complainant. Baldev singh, son of the complainant, came forward to rescue his father Shangara Singh, but Gopal Singh raised Chhavi towards him and under fear he climbed on the roof. On the noise raised by the complainant, his son baldev Singh and wife Piar Kaur people were attracted due to which accused/appellants decamped from the spot along with their weapons. The complainant further stated that thereafter he was taken to the Civil hospital, Gurdaspur, where he was medicolegally examined and medicolegal report was sent to the police station. His statement was recorded by Assistant Sub inspector Mange Ram. Thereafter, Assistant sub Inspector Mange Ram is said to have proceeded to the spot. Thereafter, complaint contains exaggerations to the fact that assistant Sub Inspector Mange Ram connived and got all the accused challaned under section 107/151, Cr. P. C. and therefore, he was also named as accused in the complaint. Since Assistant Sub Inspector Mange Ram was not summoned, he was not tried. Therefore, I need not to go on the allegations levelled against assistant Sub Inspector Mange Ram.