DHARAMJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 47-DB of 2006, filed by Dharamjit, Criminal Appeal no. 52-DB of 2006, filed by Ramesh Kumar and Sudesh Kumar, and Criminal Appeal No. 879-DB of 2005, filed by Babu Ram, Shiv ram, Raj Kumar, Rajesh Kumar and Ashok kumar, accused (now appellants), against the judgment of conviction and the order of sentence, dated 11. 11. 2005, rendered by the court of Sessions Judge, Kurukshetra, vide which, it convicted and sentenced them, as under, as also Criminal Revision No. 437 of 2006, filed by Subhash Chand, complainant, against the order of acquittal, dated 11. 11. 2005 of Balbir Singh, accused : - (See table on next page)All the substantive sentences, were ordered to run concurrently.

(2.) SHORN of unnecessary details, the prosecution case proceeded, in the manner, that subhash Chand, complainant, at the relevant time, was a resident of village Dhanora jattan, and was running a finance company, in a shop at Ladwa. Sandeep (now deceased)son of the father's sister of the complainant, had been a resident of village Kheri jattan. He had come to village Dhanora jattan, to see the complainant and othersto undergo rigorous imprisonment for a period of six months each. on 14. 10. 2002. Ramlila had been going on, in village Dhanora Jattan, at that time, for the last seven/eight days. On 14. 10. 2002, at about 10. 00 p. m. , Subhash Chand, complainant, and Sandeep, aforesaid (now deceased), went to see Ramlila, at about 10. 00 p. m. , at village Dhanora Jattan. Atinder kumar son of Mehar Singh, and Vinod kumar son of Mohinder Singh, residents of village Dhanora Jattan, were already there, watching Ramlila. Subhash Chand and sandeep, aforesaid, seated themselves, on chairs, near Vinod Kumar and Atinder kumar. When they were watching Ramlila, sudesh Kumar and Ramesh Kumar, accused, came there. They claimed that they were sitting on those chairs earlier. They asked Subhash Chand and Sandeep, to get up, from those chairs. Subhash Chand and sandeep, refused to accede to their request. Upon this, Sudesh Kumar and Ramesh kumar, accused, started using abusive language, against Subhash Chand and sandeep. They left that place, declaring that they would see them. At about 11. 00 p. m. , on 14. 10. 2002, Sudesh Kumar, accused, armed with a sword, Dharamjit, Ramesh kumar, Raj Kumar and Babu Rani, accused, armed with a lathi each, Ashok Kumar, accused, armed with a gandala, Rajesh Kumar, accused, armed with a danda, Shiv Ram, armed with a hockey stick, and Balbir Singh, accused (since acquitted), empty handed, came there. Balbir Singh, accused (since acquitted), raised an exhortation that sandeep be taught a lesson, and done to death, for occupying the aforesaid chairs. After raising the exhortation, Balbir Singh, accused (since acquitted), took Sandeep, into his grip. Sudesh Kumar, accused, gave a blow with sword wielded by him on the head of Sandeep. Shiv Ram, accused, gave a blow with hockey stick, on the right side of the head of Sandeep. Raj Kumar, accused, gave a lathi blow, on the right flank of Sandeep. Ashok Kumar, accused, gave a blow with gandala wielded by him, on the left leg of sandeep. Babu Ram, accused, gave a lathi blow, on the left thigh of Sandeep. Dharamjit, accused, gave a lathi blow, on the little finger of the left hand of Sandeep. Rajesh Kumar, accused, gave a danda blow, on the right leg of Sandeep and Ramesh kumar, accused, gave a lathi blow on the right leg of Sandeep. In the meanwhile, atinder Kumar, tried to rescue Sandeep. Shiv Ram, accused, gave a hockey stick blow, on the head of Atinder Kumar. Dharamjit, accused, gave a lathi blow on the right arm of Atinder Kumar. The complainant alongwith Mehar Singh and Vinod kumar, rescued Sandeep and Atinder kumar, from the assailants, with a lot of difficulty. Thereafter, the assailants left the place with their respective weapons.

(3.) SOHAN Lal, a Brahmin, resident of village Dhanora Jattan, took Atinder Kumar, to the Community Health Centre, Ladwa, and got him admitted there. Subhash chand, complainant, took Sandeep, for his treatment to Jindal Hospital, Yamuna Nagar. The doctor there immediately referred sandeep to the Post Graduate Institute of medical Education and Research, chandigarh. When he was being taken to the aforesaid Institute, his condition became very serious, at Industrial Training Institute chowk, Yamuna Nagar. Accordingly, subhash Chand, complainant, brought sandeep, injured to the Community Health centre, Ladwa. The doctor at the Community Health Centre, Ladwa, declared sandeep, to be dead. A written intimation pd, was sent by a doctor of the Community health Centre, Ladwa, to the Police Station, that the dead-body of Sandeep, had been brought to that Centre. Zile Singh, Assistant Sub Inspector, alongwith other Police officials, reached the Community Health centre, Ladwa. He found the dead-body of sandeep, lying on a stretcher, in the hall of community Health Centre, Ladwa. He did not find any eye-witness of the occurrence present there. After sometime, Subhash chand, complainant, came there, and made a statement about the incident to Zile Singh, assistant Sub Inspector. The statement PK was completed at about 8. 10 a. m. on 15. 10. 02. Zile Singh, Assistant Sub Inspector of Police Station Ladwa, appended his, endorsement PK/1 on the same. Thereafter, the said statement was sent to the Police Station, on the basis whereof, the First information Report PK/2, at 8. 25 a. m. , on 15. 10. 2002, was registered. Special report was received by the Judicial Magistrate 1st class, Kurukshetra, at 10. 30 a. m. , on 15. 10. 2002.