PARTAP SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This order shall dispose of two petitions bearing CWP Nos.6677 and 6679 of 2018 (hereinafter referred to as the "first" and "second" petitions respectively) as the issue involved in both the petitions is the same. However, for the sake of convenience, the facts are being extracted from CWP No.6677 of 2018.

(2.) The first petition has been filed by Partap Singh and the second petition by Dalbir Singh, who happened to be real brothers. Both the brothers were tried in a case registered vide FIR No.9 dated 16.01.2004, under Sections 302/34 IPC, at P.S. Ding, District Sirsa. The allegation against them was that on 15.01.2004, at about 10.30 pm, when Satpal (since deceased) was on the way back home from his fields, along with his brother Rajinder Singh and his cousin, namely, Gopal Singh and reached near the house of accused Dalbir, the latter called Satpal inside the house on the pretext of some urgent work. Besides the petitioners, namely, Partap Singh and Dalbir Singh, there was another person, namely, Satish, who happened to be their brother. All the three accused attacked Satpal with different weapons. The allegation is that a danda, smeared with chilli powder, was inserted in the anus of Satpal. Rajinder Singh and Gopal Singh, who were allegedly present at the spot, ran away and narrated the occurrence to the other members of the family. They remained confined due to fear at night and in the morning, the FIR was registered on the statement of Rajinder Singh who disclosed that the accused had suspected that deceased Satpal had illicit relations with the wife of Dalbir Singh and the deceased also had monetary dealings with Dalbir Singh.

(3.) Deceased Satpal was stated to have suffered as many as 19 injuries, which are reproduced as under:-