SULTAN SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal appeal filed by Sultan Singh and Raj Kumar (two brothers) sons of Kartara Ram and has been directed against the judgment dated 28.7.1997 vide which Sultan Singh appellant was convicted for an offence under Sections 307/34 I.P.C. for causing injuries to Kartara Singh his co-accused Raj Kumar was convicted under Section 307 read with Section 34 of the Indian Penal Code. Sultan Singh was further convicted under Section 324 I.P.C. for causing simple hurt to Jasbir Singh and Raj Kumar was convicted under Section 324 read with Section 34 of the Indian Penal Code. Raj Kumar was further convicted under Section 323 I.P.C. for causing simple hurt to Jasbir Singh. Sultan Singh was convicted under Section 324/34 I.P.C. Under Section 307 I.P.C. Sultan Singh was sentenced to undergo Rigorous Imprisonment for five years and to pay a fine of Rs. 1000/-. In default of payment of fine, he was further directed to undergo Rigorous Imprisonment for three months. Under Section 324 I.P.C. Sultan Singh was sentenced to undergo Rigorous Imprisonment for one year and under Sections 323/34 I.P.C. he was directed to undergo rigorous imprisonment for six months. So far as appellant Raj Kumar is concerned he was sentenced to undergo Rigorous Imprisonment for four years under Section 307 I.P.C. with the aid of Section 34 I.P.C. and he was further directed to pay Rs. 500/-. In default of payment of fine, he was directed to undergo Rigorous Imprisonment for three months. Under Section 324 read with Section 34 I.P.C. and under Section 323 I.P.C. Raj Kumar was sentenced to undergo rigorous imprisonment for six months each. It was further directed by the trial Court that all the sentences shall run concurrently.

(2.) Brief facts of the case as unfolded by Jasbir Singh (PW.9) at the trial is as follows :-

(3.) According to Jasbir Singh (PW.9), he had jhota buggi in order to perform labour work. His house is situated at the back of Balmiki Mohalla. The house of the appellant falls in the same street but in the beginning. The present occurrence took place on 13.12.1995 and according to the prosecution about 5/6 days prior to the occurrence. Jasbir Singh was bringing his jhota buggi. The street was narrow. Resultantly jhota buggi struck in the wall of the house of the appellants, as a result of which 20/30 bricks were dismantlled. Appellant Sultan 'hurled abuses' on him saying "Saaley Tumne Humari Deewar Gira Dee Hai (brother-in-law you have demolished our wall)". Despite abuse he left to his house quitely.