OM PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution case in brief is that on 16.11.88 at about 6.30 PM Durga PW1 had gone to enquire about the health of his wife at General Hospital, Sohna because Partap Singh son of Munshi Ram had driven tractor over her leg. When Durga was coming back alongwith his brother Rattan Lal and had just crossed the gate of the hospital, Omi, Parsa Ram, Ram Singh, Partap, Sansar, Teenu alias Karan Singh, Azad, Lekhraj, Rohtash, Khiman and Munshi Ram and 3/4 others carrying lathis and iron rods attacked them (Durga and Rattan Lal). Munshi and Omi raised Lalkara that they should be taught lesson for having lodged report with regard to the accident of the tractor. Omi gave blow with iron rod on the right hand of Durga. Parsa Ram accused gave accused lathi blow on the left hand of Durga. Ram Singh gave lathi blow on the back of the right shoulder of Durga. Parsa Ram gave iron rod blow on the nose of Durga. Durga fell down. Teenu gave lathi blow on the left leg of Durga. When Rattan Lal stepped forward, Sansar accused gave saria blow on his head which hit on the back side. Accused Azad gave lathi blow on Rattan Lal's head. Accused Lekhraj gave saria blow which fell on the back side of the neck of Rattan Lal. In the meantime, Rattan Lal fell down. Rohtash gave lathi blow on his leg. Accused Khiman gave blow on his right leg. Accused Munshi gave lathi blow on his chest. On hearing their alarm, one Jasram, his brother Bisram and one Kanhiya came to the spot. Many people gathered at the spot. Accused ran away from the spot. Matter was reported to the police by Durga PW. Initially case was registered under sections 148/323/149 IPC. Later when fracture was detected on the person of Durga, offence under section 325 IPC was added. After investigation, accused were challaned.

(2.) ACCUSED were charged under sections 323/325/148/149 IPC vide order dated 19-4-90 by the learned Magistrate. They pleaded not guilty to the charge and claimed trial.

(3.) ON the conclusion of the trial, the Judicial Magistrate First Class, Gurgaon, sentenced each of the accused to undergo RI for six months with fine of Rs. 500/- each for the offence punishable under section 323 IPC. In default of payment of fine they were sentenced to undergo simple imprisonment for a period of one month. They were further sentenced to undergo RI for 2 years each with fine of Rs. 1000/- each for offence punishable under section 325 IPC. In default of payment of fine, they were ordered to undergo simple imprisonment for a period of 2 months. They were further sentenced to undergo RI for a period of one year with fine of Rs. 200/- each for the offence punishable under section 148 IPC. In default of payment of fine they were ordered to undergo simple imprisonment for one month. Sentences were ordered to run concurrently.