VIKAS AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid appeals, therefore, these are taken up together and disposed of by a common judgment.

(2.) These appeals have been instituted against the judgment and order dated 10.05.2013 and 15.05.2013 rendered by the Additional Sessions Judge, Jhajjar, in Sessions Case no.67 of 2009/2013 (RBT) whereby the appellants, who were charged with and tried for the offence punishable under Sections 148 and 302 read with Section 149 of the Indian Penal Code (in short 'IPC'), have been convicted thereunder. They have been sentenced as under:-

(3.) The case of the prosecution in a nutshell is that on 20.05.2009, a medical ruqa Ex.P14 and MLR Ex.P13 regarding hospitalization of Roshan Lal son of Mam Chand resident of Bamdoli, due to injuries suffered in quarrel was received in the police station through Ward Servant of General Hospital, Bahadurgarh. ASI Sant Ram reached General Hospital, Bahadurgarh. The Medical Officer opined that injured was unfit to make statement. Injured thereafter was referred to PGIMS, Rohtak, for medical treatment. The statement of Sumitra wife of Roshan Lal was recorded with the allegations that she was resident of village Bamdoli. On 20.05.2009 at about 9.00/10.00 P.M., her husband Roshan Lal was going to shop nearby their house to buy biri/cigarette. She herself was standing at the gate of their house. In the meantime, Surender son of Om Parkash came out of shop. He started saying to her husband that they had not given their share in the land, therefore, he would be taught a lesson. Surender, who was concealing an iron rod in his hand, gave a blow with iron rod on the head of her husband Roshan Lal. Surender called upon his family members to come on the spot. Vikas son of Balle Ram armed with mogri (thapi), Sombir (since deceased) armed with fawda, Balle Ram son of Mam Chand, Tarawati wife of Balle Ram, Om Parkash son of Mam Chand and Parkashi wife of Om Parkash (all were family members) reached on the spot. Vikas gave a mogri blow on the head of her husband Roshan Lal. Sombir gave a fawda blow near the left eye of her husband Roshan Lal. She, her sons Naveen and Parveen @ Monu and daughter Monika rushed towards Roshan Lal to save him. Then a car bearing no.HR-13C-9615 came on the spot. Anil grandson of Mange Ram, Ashok Kumar resident of Bahadurgarh and 2/3 boys came down from the car. They gave fist and leg blows as well as danda blow. They raised alarm. The assailants ran away from the spot. Her sons Parveen and Naveen took their father Roshan Lal to General Hospital, Bahadurgarh. Doctor referred Roshan Lal to PGIMS, Rohtak. FIR was registered. Cross FIR at the behest of accused party was also registered. Investigation was completed. Challan was put up after completing all the codal formalities.