DIGAMBER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 2.3.1998/ order of sentence dated 5.3.1998 passed by the Court of learned Additional Sessions Judge, Faridabad whereby he convicted and sentenced Digamber to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000/- or in default of payment of the same to further undergo imprisonment for one month under Section 307 of IPC and further sentenced him to undergo rigorous imprisonment for six months under Section 452 of IPC with a further direction that his substantive sentences shall run concurrently. He also convicted Banti accused under Section 324 and 452 of IPC and also convicted Jhamman and Devi Singh accused under Sections 323/452 of IPC but released Banti, Devi Singh and Jhamman on probation of good conduct for a period of one year.

(2.) AS set up by the prosecution, Asharfi made statement in the terms that Hari Singh, Kishni, Sher Singh and Prehlad are the brothers of her husband Dhanmat. They all were residing separately. Sher Singh being employed at Faridabad had been residing with his family separately for the last 10 years. He and his son Digamber had a dispute regarding partition of some agricultural land amongst themselves and at that time, none was cultivating the disputed field. Her son by the name of Surjan was bringing grass in his stud buffalo drawn cart. When such cart was passing through the land of Jhamman son of Moti, his wife abused Surjan around 11:00 A.M. Surjan reached his house. Afterwards, she along with her son happened to be present in their Nohra (A large room or Hall). She was holding her grand-daughter in her lap. Sher Singh was resting on the cot. Prehlad was also in attendance. Digamber son of Sher Singh duly armed with Knife, Jhamman son of Moti carrying Jelly, Banti wife of Jhamman holding Darat (Sickle) entered their Nohra. Digamber accused dealt two knife blows in the stomach of Sher Singh. Banti accused delivered two darat blows, one on his left arm and the other one from its reverse side on the left hand. She (Asharfi) tried to intervene. On this, Jhamman accused gave a Jelly blow lathiwise on her head and left shoulder. Devi Singh accused also inflicted injuries with Jelly blows lathiwise on her person and her grand-daughter Neeraj. She (Asharfi) raised alarm, which attracted her sons Surjan and Sarup who saved them from the clutches of the accused persons. Kishni removed these injured persons to Palwal Hospital for treatment. Initially, the case was registered under Section 452/ 324/ 323 read with Section 34 of IPC. Later on, the same was converted into the one under Section 307 of IPC. In due course, the accused were arrested. After completion of investigation, the charge-sheet was laid in the Court of learned Illaqa Magistrate, who committed the case to the Court of Sessions for trial of the accused.

(3.) WHEN examined under Section 313 of Cr.P.C., all the accused denied the incriminating circumstances appearing in the prosecution evidence against them. Accused Digamber has put forth that "I am innocent. In fact there was fight between women folk and accused Digamber, Devi Singh and Jhamman were not present. Accused were having long standing enmity with Sher Singh. Digamber accused is his son from his first wife and were having civil disputes. Devi Singh and Jhamman were siding with him in the civil disputes. Witnesses are related amongst inter se. It was on account of old enmity that we have been falsely implicated."