KRISHAN AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against judgment dated 11.02.2016 and order dated 17.02.2016, rendered by learned Additional Sessions Judge, Bhiwani, in Sessions Trials No. 160 of 30.07.2012, 275 of 04.12.2012 and 114 of 15.04.2013. Appellants Krishan, Raju, Parveen, Sunder son of Ami Lal, Sandeep, Brahmjit, Nar Singh and Sunder son of Rajpal were charged with and tried for the offences punishable under Sections 148, 323 and 302 read with Section 149 IPC. They were convicted and sentenced as under :-

(2.) The case of the prosecution, in a nutshell, is that on 09.03.2012, Sita Ram (PW.1) made a statement that he was resident of village Kharak Kalan. On 07.03.2012, Krishan son of Chander was abusing Subhash, on the eve of Holika Dahan. Brahmjit son of Krishan inflicted danda blow to Subhash son of Rajpal at about 10.00/11.00 AM. Due to this, at about 3.00 PM, Pawan son of Mamraj, Uggarsain son of Rajpal and Subhash son of Rajpal were sitting in front of their house. Brahmjit again started abusing. It aggravated the situation. Raju, Krishan, Parveen, Sunder son of Ami Lal, Sunder son of Rajpal, Nar Singh alias Narsi, Sandeep and 2-3 other persons arrived there. Brahmjit was carrying pharsa in his hand. He inflicted injury on the right side of his head. Raju son of Krishan inflicted iron rod blow on his right shoulder. Krishan son of Chander Singh inflicted lathi blow on his back. Sunder was having rod with him. Nar Singh alias Narsi and Sandeep were carrying pharsas with them. They caused injuries to Pawan, Uggarsain and Subhash. The injured were taken to PGIMS, Rohtak. Ruqa was sent to police station. Case under Sections 147, 148, 149 and 323 IPC was registered. On 13.03.2012, a telephonic message was received from Incharge, Police Post PGIMS, Rohtak in the police station that Subhash son of Rajpal had died on 12.03.2012. Thereafter, offence under Section 302 IPC was added. Post mortem was got conducted. Accused were arrested. The prosecution moved an application under Section 319 Cr.P.C., when statement of PW.1 Sita Ram was recorded on 14.08.2013, for summoning of additional accused, namely Sunder. The application was allowed by the trial court on 08.10.2013. Fresh consolidated charge sheet was framed against the accused by the court vide order dated 16.01.2014.

(3.) The prosecution examined as many as twenty two witnesses. The accused were also examined under Section 313 Cr.P.C. They denied the case of the prosecution. According to them, they were falsely implicated. They also examined Bikram Singh as DW.1 and Dr. Naresh Kumar as DW.2.