DALIP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRIMINAL appeal No. 1023-SB of 1997 has been preferred by Dalip Singh son of Phoola Ram; his son-in-law Surat Bhan @ Surja and his son Sant Kumar aggrieved against the judgment dated 09.12.1997 and order dated 12.12.1997 passed by the Court of Additional Sessions Judge, Kurukshetra, whereby they have been acquitted for the offences under Section 307 IPC but have been convicted for offences under Section 326 read with 34 IPC to five years RI.

(2.) PROSECUTION case can be noticed from FIR (Ex.PC/2). FIR was lodged at the instance of Charanjit Kaur PW-2, who stated that her husband is in a service in Engineering College and they are residing in Kurukshetra in the house of Om Parkash. In the same house, one Subhash was also tenant. He was also employed in Engineering College. The three accused were residing adjacent to the house, where complainant was residing. Suraj Bhan, Sant Kumar and his father-in-law Dalip Singh were engaged in the business of selling and repairing coolers. It is stated that husband of the complainant got a cooler repaired from appellant Suraj Bhan and Sant Kumar. Sant Kumar is said to have come to the house of complainant to repair the cooler, when complaint was made by the complainant Charanjit Kaur PW-2 that the cooler, most of the time remains out of order. As per FIR, complainant Charanjit Kaur was replied back by the accused that since cooler is daily in need of repair, on getting it repaired one time complainant party has not purchased them (accused party). Charanjit Kaur further stated that when her husband returned in the evening, she narrated the offensive language used by the accused and some exchange of hot words ensued between husband of complainant and accused. Next day, panchayat was held, where Baldev Singh PW-6 had alone gone to attend the panchayat meeting. It is stated that Charanjit Kaur stayed at the roof of her house along with uncle Pirthi and Joginder, cousin of Baldev Singh. It is further stated that in panchayat meeting, there were exchange of hot words, whereupon Surja caught hold of Baldev Singh. Dalip was having a lathi with a balam and he gave a blow on the head of Baldev Singh, due to which Baldev Singh fell down. Sant Kumar gave a blow with screw driver, which was in his hand, on the chest. Surja gave a knife blow and Sant Kumar gave another blow with his screw driver in the chest. Charanjit Kaur along with uncle Pirthi and Joginder reached the spot and the accused decamped from the spot along with weapons. Injured was taken firstly to LNGP Hospital, Kurukshetra, where he was medico-legally examined. Four injuries were found on his person.

(3.) DR . J. P. Bharal, PW-1 examined Baldev Singh PW-6 on 11th June, 1993 at 10.30 p.m. He noticed following injuries on his person :