JOGINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 446-SB of 1998 filed by the accused Joginder Singh, Dharambir, Rattan Singh and Roshni Devi against the judgment dated 8.5.1998/order of sentence dated I3.5.1998 passed by the Court of learned Additional Sessions Judge, Hisar whereby he convicted and sentenced all these accused to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 1,000/- each under Section 307 read with Section 34 of IPC and further sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 500/- each under Section 326/34 of IPC and also sentenced to undergo rigorous imprisonment for 3 months and to pay a fine of Rs. 100/- and further sentenced to undergo rigorous imprisonment for 2 months and to pay a fine of Rs. 100/- under Section 324/34 of IPC and in default of payment of fine, the defaulter was to undergo simple imprisonment for 3 months, with a further direction that all the sentences shall run concurrently as also the Criminal Revision No. 941 of 1998 moved by Roshan Lal seeking enhancement of sentence to life imprisonment along with compensation of Rs. 2 lacs.

(2.) THE factual matrix is that on 7.8.1997, Roshan Lal made statement before Nar Singh ASI in the terms that he is an agriculturist. About 2-3 months prior to the occurrence, there was a dispute between him and his cousin Rattan Singh regarding the land, which was settled by the respectables by erecting a "Daul" (common ridge) between their land. On 6.8.1997, he along with his son Anil Kumar was asleep in front of his house. Around 11:00 P.M, Rattan Singh armed with gandasi came to him and by having woken him up told that he has obtained a demarcation report in his favour in collusion with patwari etc. He (Roshan Lal) showed his ignorance. Meanwhile, Joginder, Dharambir and Roshni duly armed with jellies and gandasis came over there. Dharambir delivered three gandasi blows on his left knee. Joginder dealt jelly blows on his nose and chest. Roshni gave jelly blow on his right thigh. Joginder delivered jelly blow, which rested on his forehead. Rattan Singh caused gandasi blow hitting him on his left thigh. On being raised alarm, his son Anil Kumar got up and his wife Kamla also came over there. They saved him from the clutches of the accused. Otherwise, they would have caused more injuries. On his statement, the formal FIR was registered. The accused were arrested. After completion of investigation, the charge-sheet was laid in the Court of learned Illaqa Magistrate, who committed the same to the Court of Sessions for trial.

(3.) WHEN examined under Section 313 of Cr.P.C, all the accused denied the incriminating circumstances appearing in the prosecution evidence against them. They did not adduce evidence in defence. After hearing the learned Public Prosecutor for the State, the learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced all the accused as noticed at the outset. Feeling aggrieved with their conviction/sentence, they have preferred this appeal, whereas the complainant Roshan Lal being aggrieved with the inadequacy of sentence inflicted upon the appellants by the learned trial Court, has moved the above referred revision petition.