SEWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in both these appeals, i.e. CRA-D-184 of 2019 and CRA-D-185 of 2019, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against the judgment and order dated 30.01.2019, rendered by learned Additional Sessions Judge, Hisar, in Sessions Case No. 60 of 2015/2018 dated 04.09.2015/03.10.2018, whereby appellants Sewa Singh, Balram, Hawa Singh, Kulbir, Naresh and Sachin were charged with and tried for the offences punishable under Sections 148, 452, 302, 323, 506 read with Section 149 IPC. They were convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000/- each, and in default of payment of fine, to undergo simple imprisonment for 2 1/2 years each under Section 302/149 IPC. They were convicted and sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs. 1,000/- each, and in default of payment of fine, to undergo simple imprisonment for one month each under Section 452/149 IPC. They were convicted and sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs. 500/- each, and in default of payment of fine, to undergo simple imprisonment for 15 days each under Section 506/149 IPC. They were convicted and sentenced to undergo rigorous imprisonment for six months each under Section 323/149 IPC. They were also convicted and sentenced to undergo rigorous imprisonment for one year each under Section 148 IPC.

(3.) The case of the prosecution, in a nutshell, is that on 07/08.05.2015, a telephonic message was received in the Control Room informing that Hari Bilas and Puran Singh were admitted in General Hospital, after receiving injuries in a fight. ASI Dharambir Singh went to the hospital. Puran Singh was declared fit to make statement. His statement was recorded. He disclosed that on 06.05.2015, he and his brother Hari Bilas had a tiff with Sewa Singh. Sewa Singh was armed with gandasa. Hawa Singh and Balram armed with Jellies came to their house. During this time, Kulbir, Naresh and Sachin also reached with their lathis threatening them. Sewa Singh gave a gandasa blow on the head of Hari Bilas, his cousin. Kulbir gave a lathi blow. When he tried to intervene, Kulbir and Naresh also attacked him with lathi and caused injuries on various parts of his body. They were rescued by Sukhdev and Deshu, their neighbours. Thereafter, he and his brother were admitted in General Hospital, Hisar. Since Hari Bilas received serious injuries, he was shifted to Sapra Hospital. They had also caused injuries in self defence to Sewa Singh and Hawa Singh. FIR was registered. Investigation was carried out. Hari Bilas died in PGIMS, Rohtak. Thereafter, offence under Section 302 IPC was inserted. Inquest report was prepared. Accused Naresh and Sachin were found innocent. They were kept in column No. 2 of the challan. However, they were later on summoned to face trial along with remaining accused on the basis of an application under Section 319 Cr.P.C. The recovery of the weapons of offence was effected. The investigation was completed and challan was put up after completing all the codal formalities.