MAHABIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 04.04.1997, and the order of sentence dated 05.04.1997, rendered by the Court of Additional Sessions Judge, Hisar, vide which it convicted and sentenced the accused (now appellants), as under :- Names of the accused (now appellants) The offence for which conviction was recorded. Sentence awarded Mahabir, Rajender, Krishan, Pala, Chhabila, Shanker and Balwant 148 IPC Rigorous imprisonment for two years each. Fine of Rs. 2000/- each. In default of payment of fine to undergo rigorous imprisonment for six months each. Mahabir 307 IPC Rigorous imprisonment for seven years. Fine of Rs. 5000/-. In default of payment of fine to undergo rigorous imprisonment for one year. Krishan, Rajender, Pala, Chhabila, Shanker and Balwant, 307/149 IPC Rigorous imprisonment for seven years each. Fine of Rs. 5000/- each. In default of payment of fine to undergo rigorous imprisonment for one year each. Shanker 326 IPC Rigorous imprisonment for six years. Fine of Rs. 5000/-. In default of payment of fine to undergo rigorous imprisonment for one year. Balwant, Rajender, Krishan, Pala, Chhabila and Mahabir 326/149 IPC Rigorous imprisonment for six years each. Fine of Rs. 4000/- each. In default of payment of fine to undergo rigorous imprisonment for one year each. Krishan 325 IPC Rigorous imprisonment for five years. Fine of Rs. 3000/-. In default of payment of fine to undergo rigorous imprisonment for one year. Balwant, Rajender, Pala, Chhabila, Mahabir and Shanker 325/149 IPC Rigorous imprisonment for five years each. Fine of Rs. 3000/- each. In default of payment of fine to undergo rigorous imprisonment for one year each. Chhabila 24 IPC Rigorous imprisonment for three years. Fine of Rs. 3000/-. In default of payment of fine to undergo rigorous imprisonment for six months. Balwant, Shanker, Rajender, Krishan, Pala and Mahabir 324/149 IPC Rigorous imprisonment for three years each. Fine of Rs. 3000/- each. In default of payment of fine to undergo rigorous imprisonment for six months each. Pala, for causing simple injury on the person of Smt. Mohini 324 IPC Rigorous imprisonment for three years. Fine of Rs. 3000/-. In default of payment of fine to undergo rigorous imprisonment for six months. Mahabir, Rajender, Krishan, Chhabila and Shanker 324/149 IPC Rigorous imprisonment for three years each. Fine of Rs. 3000/- each. In default of payment of fine to undergo rigorous imprisonment for six months each. The substantive sentences of all the accused were ordered to run concurrently.

(2.) THE facts, in brief, are that, on 05.09.1992 at about 8.30 P.M., Satbir was proceeding towards the shop of one Mahabir Bania with his informant brother Surinder, for purchasing 'Biris' and when they reached near the said shop, Mahabir, their uncle, Shanker son of Bhola, Chhabila and Pala sons of Siri Ram, Rajinder son of Mangtu , Balwant son of Prabhu, Krishan son of Musadi, armed with a gandasi each, came there. They surrounded Satbir. Mahabir raised an exhortation that the enemy had come and he should not escape on that day. Thereafter, Mahabir gave a gandasi blow on the head of Satbir, as a result whereof, he fell down. Krishan, accused gave a gandasi blow with reverse side, which hit the left foot of Satbir. Balwant gave a gandasi blow with reverse side, which hit the right foot of Satbir. Surender son of Banwari Lal and Satbir raised alarm of 'Save Save'. Rajender son of Harphool and Rohtash son of Tulsi, whose houses are situated near the spot, came there. Satbir was then saved from the clutches of the accused. It was further stated that when Satbir was being taken to the hospital, on a cot, and reached infront of the house of Mani Ram, Banwari Lal, father of Surender and Krishan, younger brother of Surender also came there. Mohini, mother of Surender started weeping on seeing the condition of Satbir. Mahabir etc. and other accused came there and raised exhortation that Banwari Lal be done to death. Upon this, Chhabila, with an intention to kill Banwari Lal, gave a gandasi blow, which hit his forehead, as a result whereof, he fell down. The mother of Surender came forward when Pala gave a gandasi blow on her head. Shanker gave a gandasi blow, which hit the right arm of the mother of Surender, as a result whereof, her hand was cut. Mahabir and Rajinder sons of Mangtu Ram, continued raising exhortation that Banwari Lal, Satbir and Mohni, mother of Surender, be done to death. Surender, Krishan, brother of Surender, Rajinder son of Harphool, Rohtash, Chanda son of Ganesh, Mani Ram son of Hardwari and neighbourers came forward and saved the injured from the clutches of the accused. Thereafter, a vehicle was arranged and all the injured were taken to the hospital, where they were medicolegally examined. On the basis of the statement, Ex. PX, of Surender son of Banwari Lal, FIR Ex. PZ/2 was registered. The blood stained clothes of Banwari Lal, and Satbir son of Banwari Lal were also taken into possession. The Investigating Officer went to the spot, and prepared the site plan. The blood stained shirt of Mohni w/o Banwari Lal, was also taken into possession, vide memo Ex. PCC. The accused were arrested. They made disclosure statements, during investigation. In pursuance thereof, they got recovered the gandasis, the weapons of offences. After the completion of investigation, the accused were challaned.

(3.) THE prosecution, in support of its case, examined Dr. Balbir Singh Naniwal, Civil Hospital, Narnaul, (PW-1), who medicolegally examined Mohani Devi wife of Banwari Lal and found the following injuries on her person :