DHARAM SINGH ALIAS DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Criminal Revision is directed against the order of Additional Session Judge, Rohtak dated 27.2.1998 whereby he dismissed appeal against conviction and sentence recorded against Daram Singh alias Dharambir (petitioner herein) by Judicial Magistrate First Class, Bahadurgarh on 21/22.4.1995 in case FIR No. 461 dated 3.10.1985 of P.S. Bahadurgarh under Sections 324/325/326/148/149 Indian Penal Code.

(2.) The prosecution case in brief is that on 2.10.85, Mahender Singh PW was coming from village Harhevri and when he reached near the pond of his village Kanonda at about 8 p.m., Om Parkash, Rup Ram, Dharam Singh and Nanhe sons of Har Dutt and their father Har Dutt were found sitting on the way. Om Parkash and Rup Ram were armed with jellies. Dharam Singh and Nanhe were armed with lathis. Har Dutt was armed with tachiya. When Mahender Singh reached near Om Parkash and other accused, Om Parkash and others accused got up. Om Pakash dealt a jelly blow on the back of Mahender Singh. Har Dutt dealt a tachiya blow on his left leg. Har Dutt dealt another blow on his right hand. Rup Ram, Nanhe and Dharam Singh dealt lathi blows on Mahender Singh. As a result of this onslaught, Mahender Singh suffered a number of injuries. Mahender Singh raised alarm. His alarm attracted his father Ram Chander PW at the spot who tried to rescue Mahender Singh. Om Parkash and others accused did not spare even Ram Chander. They also dealt blows on him. Ram Chander raised alarm. Dhira son of Udey Singh and Sardara son of Ranjit came to the spot. Om Parkash and others accused ran away from the spot with their respective weapons. Mahender Singh and Ram Chander were brought to Civil Hospital, Bahadurgarh. They were referred to Medical College & Hospital, Rohtak. Mahender Singh made statement Ex. PA on the basis of which aforesaid case was registered at PS Bahadurgarh.

(3.) After investigation, Om Parkash and others accused were challaned under Sections 323/324/325/326/148/149 Indian Penal Code. Accused were charged under Section 148 IPC. They were charged under Section 323/324/325/326/149 Indian Penal Code. They pleaded not guilty to the charge and claimed trial. On the conclusion of the trial, learned Magistrate vide order dated 21.4.1995 found the charge proved against the accused. He accordingly convicted them thereunder and vide order 22.4.1995 sentenced them each to undergo RI as follows :-