STATE OF HARYANA Vs. RAJ KUMAR

JUDGEMENT

(1.) THE State is aggrieved by acquittal of the respondents Raj Kumar, Mohinder Singh, Jarnail Singh, Thakur Singh, Gurdev Singh.

(2.) CASE of the prosecution is that on 2.6.1992 at 4-15 P.M., Bhag Singh PW-3 was getting ready to go to his duty. His cousin Bhupinder Singh PW-4, his uncle Mewa Singh and Narata Ram and Rachna Ram were standing in the street. They were discussing stoppage of construction of the street at the instance of Punjab Singh accused and his sons. The dispute was that Bhupinder Singh PW-4 wanted the street to be constructed along the side of the house of Punjab Singh while the accused were opposed to such construction. Accused Raj Kumar armed with a barchha, Gurdev armed with gandasi, Jarnail Singh armed with a saria, Mohinder Singh armed with a handle of machine and Thakur Singh armed with a lathi, came there. Accused Jarnail Singh said that they will shed blood of the complainant party. Jarnail Singh gave blow with an iron rod on the shoulder of Mewa Singh, Gurdev Singh gave gandasi blow on the head and left eye of Bhupinder Singh. Darbara Singh intervened to save the injured, but Raj Kumar gave a barchha blow on his chest of Darbara Singh and Thakur Singh gave a lathi blow on the head of Bhag Singh. Darbara Singh and Mewa Singh fell down. Mohinder Singh inflicted blows with handle on Mewa Singh. Mohinder Singh, Thakur Singh and Jarnail Singh inflicted injuries on Darbara Singh when he was lying on the ground. Punjab Singh accused also came to the spot with a lathi in his hand and gave a lalkara that the blood of the complainants be flown in the drain. He gave lathi blows on the back side, left arm and left leg of Bhupinder Singh. On alarm being raised, Hazara Singh and others came on the spot. Narata Ram and Hazara Singh took the injured to Civil Hospital, Naraingarh. Darbara Singh was declared dead and Bhag Singh, Bhupinder Singh and Mewa Singh were admitted to the hospital. On receiving message from the hospital, SI Kewal Krishan PW-10 came to the hospital and recorded statement of Bhag Singh PW-3, which led to registration of FIR. He prepared inquest report and made application for post-mortem examination of Darbara Singh. Then he went to the spot and prepared rough site plan. The accused were arrested and on their disclosure-statements, weapons of offence were recovered. After completion of investigation, the accused were sent up for trial.

(3.) AFTER considering the evidence on record, the trial Court held that case of the prosecution was not proved beyond reasonable doubt.