KULWANT SINGH AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT appeal has been filed by Kulwant Singh son of Chanan Singh and Jasbir Singh son of Gajjan Singh, both residents of village Dhakola, Police Station Mullana, District Ambala. They were tried by the Additional Sessions Judge (Fast Track), Ambala, who held them guilty for offences under Section 307, 324 IPC and sentenced them to undergo rigorous imprisonment for five years each for committing offence punishable under Section 307 IPC. They were also burdened with a fine of Rs. 10,000/ - each, in default of payment of fine to further undergo rigorous imprisonment for one year. Appellants were also sentenced to undergo rigorous imprisonment for one year for committing offence punishable under Section 324 IPC and to pay fine of Rs. 2000/ - each, in default of payment of fine to further undergo rigorous imprisonment for four months.

(2.) IT was ordered that out of the fine recovered, half of the amount, i.e. Rs. 12,000/ - be paid to the injured Ram Piari. The appellants were prosecuted in case FIR No. 136 dated 02.06.2005 registered at Police Station Mullana, District Ambala under Sections 323, 324, 307, 506 IPC.

(3.) SUCHA Singh stated that he was working in a Grover Transport Company. Opposite to his house, land of village panchayat Dakola is there. Regarding this land, there was a dispute between family of the complainant and their neighbourer Kulwant Singh, due to which Kulwant Singh and his family have been nursing a grudge. On 2nd June, 2005, complainant along with his mother Ram Piari, was sitting in front of their house at about 6.00 p.m., when Kulwant Singh and Jasbir Singh appellants started giving abuses. When Ram Piari restrained them from doing so, Kulwant Singh became angry and said today lesson should be taught. Saying so, Kulwant Singh gave a Kassi blow on the head of Ram Piari, mother of the complainant. Jasbir Singh also gave a Kassi blow in the abdomen of Ram Piari, due to which complainant and his mother raised noise, which attracted Gurmeet Kaur, wife of the complainant and many other persons. Seeing the public gathering at the place of occurrence, Kulwant Singh and Jasbir Singh decamped from the spot along with their weapons. For getting Ram Piari treated for the injuries suffered, she was brought to Monga Hospital, Mahesh Nagar, Ambala. Complainant prayed in the statement made to police that legal action be taken against Kulwant Singh and Jasbir Singh.