(1.) THIS is a criminal appeal filed by Kundan Lal, Rohtas, Ishwar, Ramphal, Sumer Singh, Ram Chander, Ganpat son of Gahar Singh, and has been directed against the judgment dated 1.6.1987 passed by the Court of Additional Sessions Judge, Narnaul, and the order of sentence dated 6.6.1987, vide which the present seven appellants were convicted under Section 148/325, IPC, with the aid of sections 149, 323 read with section 149, IPC, and each one of them was sentenced to undergo RI for one year each under Section 148, IPC, 2 years each under Section 325 read with section 149, IPC, and to pay a fine of Rs. 500/-, in default of payment of fine, each one of them was directed to further undergo RI for 3 months; 3 months each under Section 323 read with section 149, IPC. All the substantive sentences were ordered to run concurrently.
(2.) THE occurrence in this case has taken place on 15.9.1986 at about 8 P.M. in village Notana falling within the jurisdiction of police station Kanina, primarily on a minor incident of altercation between two young boys Rohtas, accused on one hand and Pritam and Attar Singh, nephews of Ganpat, complainant, on the other hand. They were travelling in a bus on that morning. After the senior members of two families were informed in the matter, they joined the issue over that. When Sultan, younger brother of complainant, passed from near the house of Ganpat, accused, he came across Prabhu, father of Rohtas, accused. It was pleaded by Sultan Singh to Prabhu Dayal that the incident of dispute between the children should not be flared up. Just then, all the seven accused persons already present outside the house of Ganpat, accused, opened an assault on Sultan, PW. At the first instance, Ram Chander, accused gave a lathi blow to Sultan on his head. On the alarm raised by Sultan Singh, his brother Ganpat was attracted to that place. When he intervened, he was given a blow with Jailly without prong on his head by Ganpat s/o Gahar. Thereafter, Ram Phal, accused, gave a lathi blow to Ganpat on his right hip and other blow was given by Ganpat, accused, on his left hand. Ram Chander also dealt a blow with lathi to Ganpat to right side of his chest. When Rajinder, nephew of Ganpat came there and intervened to rescue his uncles and father, he was given blow with lathi on his head by Kundan Singh, Sumer Singh accused also assaulted him with a lathi on the head whereas Ram Chander accused gave him two lathi blows on his face. Two other lathi blows were given to Rajinder by Ishwar, accused. Yet another lathi blow was given to Rajinder by Rohtas, accused. Ganpat and Sumer Singh accused also belaboured him with lathi. In the meanwhile, Vijay Singh grandson of Ganpat, PW, came there and he allegedly witnessed the occurrence. He was also given lathi blows by Kundan, Ramphal and Ram Chander, accused. The occurrence was allegedly witnessed by Sultan son of Ishwar and Nitya Nand son of Balbir Singh and they intervened to pacify the situation. It is the story of the prosecution that Kundan Lal, Ganpat and Rohtas, accused, also suffered injuries at the hands of the complainant-party during the same occurrence.
(3.) HIS radiological examination did not reveal any fracture, so all the injuries of Rajinder Singh were declared simple.