SADDA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment, we propose to dispose of two appeals i.e. CRA-D-286-DB of 2003 filed by appellants Sadda Singh and others and CRA-S-313-SB of 2003 filed by appellants Balkar Singh and others and two criminal revisions i.e. CRR-967-2003 filed by petitioner Nishan Singh and CRR-1157 of 2003 filed by petitioner Balraj Singh.

(2.) Briefly stated, facts of the case are that two ruqas were received at Police Station Sadar, Sirsa on 17.7.1997 that several injured persons belonging to two different party factions of village Mallekan were admitted in General Hospital, Sirsa in injured condition; one ruqa was with respect to injured Virsa Singh son of Sadda Singh and Jagraj Singh, Sukhvinder Singh and Balraj Singh sons of Bawa Singh of one

(3.) and faction and other was relating to Kala Singh and Niranjan Singh sons of Jagir Singh, Nishan Singh son of Kala Singh and Jagraj Singh son of Banta Singh of other faction; the police party went to the said hospital and obtained opinion of the attending doctor regarding fitness of the injured to make statement but the doctor declared all of them unfit to make statement; out of them one injured, namely, Kala Singh had been referred to Medical College and Hospital, Rohtak keeping in view his serious condition; the police party went to General Hospital, Sirsa again on 18.7.1997 and after getting opinion of the attending doctor recorded statement of Balraj Singh son of Bawa Singh, who inter alia stated that he is joint in cultivation with his brothers, namely, Jagraj Singh and Sukhvinder Singh and cousin brother Virsa Singh; on 17.7.1997 at about 10:00 a.m. while he was present at the tubewell in his fields, whereas Jagraj Singh, Sukhvinder Singh and Virsa Singh were taking out weeds from the standing crops at a distance of about three killas; in the meanwhile accused Balkar Singh and Jagraj Singh carrying guns, Nishan Singh carrying a pistol, Niranjan Singh and Kala Singh armed with gandasas and Satnam Singh armed with a Kirpan arrived there and raised a lalkara (exhortation) that the complainant party be taught a lesson for getting water for irrigation to their fields, though it was turn of accused to do so; Balraj Singh went near his brothers/cousin brother and then all the accused arrived there; Balkar Singh, Jagraj Singh and Nishan Singh started firing shots from their firearms; resultantly the complainant along with other persons with him suffered pallet injuries; they left that place and took shelter behind a tree; the accused taking cover of another tree continued firing shots at them; when the and ammunition in possession of accused got exhausted, then the complainant party went to them; Kala Singh, Niranjan Singh and Satnam Singh gave injuries to Balraj Singh and his brothers with gandasas and kirpan; the complainant party also caused injuries to the accused in self defence.