SATYAWAN AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prosecution case in brief is that on 20.6.1992 at about 8 AM, Rajesh PW3, was going to operate the tube-well and when he reached near the tube-well Satyawan and Partap who are his first cousins i.e. sons of his father's brother were digging their adjoining field. They (Satyawan and Partap) accused remarked that Rajesh was the same person who had blocked their water course. Satyawan and Partap instigated each other that Rajesh should not be allowed to go unhurt. Satyawan who was armed with Kasola, dealt Kasola blow to Rajesh which fell on his head. He dealt another Kasola blow which fell on the little finger of the right had of Rajesh. Partap who was armed with lathi dealt lathi blow which fell on the right hand of Rajesh. Satyawan gave another kasola blow which fell on the right hand palm of Rajesh. Partap dealt lathi blow which fell on the abdomen of Rajesh. Partap then dealt lathi blow on Rajesh while he was lying fallen on the ground which fell on both the thighs and chest of Rajesh. Rajesh raised alarm "Maar Dia-maar dia". His uncle Yudhvir Singh was attracted to the spot. On seeing him, Satyavan and Partap ran away from the spot with their respective weapons threatening him with death in case opportunity fell their way in future.

(2.) Injured Rajesh was taken to Civil Hospital by Yudhvir Singh where he was medically examined by Dr. Surender Singh who found 7 injuries on his person. He kept injuries 1, 2, 4 and 6 under observation. They were declared grievous afterwards on receipt of the X-ray report. Matter was reported to the police on the basis of which case FIR No. 81 dated 20.6.1992 was registered at PS Agroha, under Section 326/323/324/34 IPC. After investigation, accused were challaned. Accused were charged under Section 323/324/326/34 IPC. They did not plead guilty to the charge and claimed trial. On the conclusion of the trial, vide order dated 18.5.1995, Judicial Magistrate First Class, Siwani at Hissar found the charge under Section 324/326/34 IPC provide against the accused. He accordingly convicted them thereunder and sentenced them to undergo RI for 3 years each and to pay fine of Rs.500/- in default to undergo further RI for 1 year under Section 326/ 34 IPC. He sentenced them to undergo RI for one year and to pay fine of Rs. 250/- each under section 324/34 IPC. He ordered the sentences to run concurrently. He ordered that a sum of Rs. 1,000/ - shall be paid to the injured as compensation out of the amount of fine, if recovered. In default of payment of fine, they will undergo further RI for three months each.

(3.) Aggrieved from this order dated 18.5.95 passed by Judicial Magistrate First Class, Siwani at Hissar, Satyawan and Partap went in appeal to the Court of Session. Learned Additional Sessions Judge, Hissar dismissed their appeal vide order dated 15.3.1999 and maintained their conviction and sentence. He did not tinker with the sentence at all.