RAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment of conviction dtd. 22/9/2005 and the order of sentence dtd. 26/9/2005 passed by the learned Additional Sessions Judge, Rewari, vide which all the appellants were convicted for the offence punishable under Ss. 148/326/323/149 IPC and sentenced as under:- Under Sec. Sentence 148 IPC Rigorous imprisonment for one year and fine Rs.1,000.00 each. 326 IPC read with Rigorous imprisonment for three years and fine Rs.3,000.00 each. Sec. 149 IPC 323 IPC read with Rigorous imprisonment for six months each. Sec. 149 IPC In case of default of payment of fine, to further undergo rigorous imprisonment for a period of four months each. All the sentences were ordered to run concurrently.

(2.) The prosecution case in brief is that on receipt of Ruqa from General Hospital, Rewari, on 13/4/1997, ASI Charan Singh went to the hospital and recorded the statement of injured Hardev Singh who stated that on that day i.e. 13/4/1997 when he along with his father Ram Kumar, wife Suresh and sister-in-law Ram Ratti were harvesting their mustard crop in their fields, the accused appellants came to the spot and picked up a fight with them. Thereafter, appellant-Ram Gopal inflicted jelly blow on the left arm of complainant-Hardev Singh while the remaining appellants inflicted injuries on his person with lathis. The father, wife and sister-in-law of Hardev Singh rushed to his rescue but they too were not spared by the appellants who inflicted injuries on their person as well. Daulat Ram and Umrao, who were present near by, saved the complainant party from the attack of the appellants. A formal FIR Ex.PA/1 was registered on the statement of complainant-Hardev Singh on 13/4/1997.

(3.) After filing the police report under Sec. 173 Cr.P.C., a prima facie case under Ss. 148, 326, 324, 395 IPC read with Sec. 149 IPC was made out against the accused who were accordingly charged, to which they pleaded not guilty and claimed trial.