HARNEK SINGH JAT SIKH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant appeal has been filed by the appellant challenging the order dated 1.5.1993 passed by learned Addl. Sessions Judge No. 2, Sriganganagar in Sessions Case No. 6/1992 by which the Trial Court convicted the present appellant for offence under Section 326 I.P.C. and sentenced to three years rigorous imrpisonment and fine of Rs. 1000/-, in default of payment of fine to undergo two months S.I.

(2.) Briefly stated, the prosecution case as set up is that one F.I.R. was filed by Sahi Ram on 21.10.1991 stating therein that he has some dispute with Harnek Singh regarding one plot and litigation is going on between them. On the said date, at 11 A.M. when he was sleeping near the gate of the house, at that time his son Dulichand came there who was chased by Harnek Singh and his sons Joga Singh and Jeet Singh also came there. It was stated that Harnek Singh having Gandasi, Jeet Singh having Kasiya and Joga Singh having lathi attacked Duli Chand. When he tried to intervene then Harnek Singh inflicted gandasi blow on his head and all the three accused beating to him. Upon hearing the shouting Ranvir, Subhash, Ganga Ram and Indraj came and all the accused ran away.

(3.) On the basis of the above report, police registered a case for offence under Sections 324, 452/34 I.P.C. and started investigation. On completion of investigation, a charge-sheet was filed against the present appellant alongwith Joga Singh and Jeet Singh @ Ranjeet Singh for the offence under Sections 307, 325, 325/34, 450 I.P.C. Thereafter, the case was committed for trial in the Court of Additional Sessions Judge No. 2, Sriganganagar where charges of the case were framed against the accused persons.