HARDEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- This revision petition is directed against the judgment dated 1-7-99 of learned Addl. Sessions Judge No. 1, Sriganganagar whereby the appeal preferred by petitioners and co-accused Veeru alias Balveer Singh was partly accepted by setting aside the conviction of Veeru alias Balveer Singh under Section 452, 323 r/w 34, 324 r/w 34 and 326 r/w 34, I.P.C. but the conviction and sentence of the petitioners for the said offences was confirmed on dismissal of their appeal. The petitioners and co-accused Veeru alias Balveer Singh had preferred the appeal against the judgment of conviction and sentence passed by learned Judicial Magistrate, Sadulshahar on 31-7-98.

(2.) The brief facts of the case are that the complainant Mela Singh, his mother Pyaro, brother Sarwan and other inmates of the house were sitting inside at about 9.45 p.m. on 7-6-97. The petitioners Ashu Singh, Hardeo Singh and other co-accused Veeru alias Balveer Singh, Surjeet Singh, Mela Singh, Joginder Singh and Kartar Singh trespassed into the house armed with lathis and gandasi and started beating Sarwan Singh. The petitioner Hardeo inflicted injuries on the head and left hand by gandasi. When the complainant Mela Singh tried to rescue his brother. Ashu Singh gave blow of gandasi on the head, right thumb and palm. It is alleged that due to the blow, the thumb was cut down. Mother Pyaro Devi tried to intervene but she was also beaten by fist blows. It is further alleged that the petitioners and co-accused persons bear enmity with them. Mela Singh lodged the report on the same day and after submission of the chargesheet, the petitioners and co-accused Veeru alias Balveer Singh only were tried for the charges under Sections 452, 323 r/w 34, 324 r/w 34, and 326 r/w 34, I.P.C. The trial ended in the conviction of the petitioners and co-accused Veeru alias Balveer Singh for the above stated offences and sentence of various terms of imprisonment and fine was passed against them by the learned Judicial Magistrate, Sadulsharar. As already stated, the appeal of the petitioners was dismissed. Now they have come up in this revision petition.

(3.) I have heard the learned counsel for the petitioners and learned Public Prosecutor. I have also gone through the evidence on record. The prosecution examined the complainant injured Mela Singh, PW/2, Sarwan Singh injured PW/3 brother of the complainant, Pyaro Devi injured PW/7 mother of the complainant and eye-witnesses Mohan Singh PW/4, Gurnam Singh PW/5 and Jagtar Singh PW/6. Dr. P. K. Bajaj proved the injuries on the person of Mela Singh, Sarwan Singh, Pyaro Devi and Jagtar Singh, injury reports marked as Ex. P9, Ex. P11 and Ex. P12. X-Ray was also taken of the injury No. 1 of Mela Singh which showed fracture of Proximal Phalanx of left thumb and it was opined to be grievous injury. The petitioners denied the charges in their statements under Section 313, Cr.P.C. but did not take any specific plea. They did not examine any defence witness.