Decided on February 26,2007

STATE Respondents


- (1.) These appeals have been preferred by the appellants against the judgment dated 21.5.1999 whereby the Trial Court convicted Bhagwan Singh, Balwant Singh, Khazan Singh, Suresh, Mohinder & Rajinder under Section 304 Part I read with Section 149 IPC, under Section 325/149 IPC, under Section 323/149 IPC and under Section 148 IPC and sentenced each of the accused, by an order dated 27.5.1999 to undergo 6 years Rigorous Imprisonment under Section 304 Part-I IPC and fine of Rs. 1,000/ - for offence under Section 304 Part-I IPC. The learned Additional Sessions Judge also sentenced each convict for two years R.I. for offence under Section 325 read with Section 149 IPC and a fine of Rs.500/- and a fine of Rs. 1000/- for offence under Section 323 read with Section 149 IPC and another fine of Rs.500/- under Section 148 IPC. All the sentences were to run concurrent.
(2.) The brief facts culled out of the complaint and evidence are that Karan Singh, the complainant and the accused persons were living in village Bijwasan. On 23rd April, 1989 Karan Singh was at the roof of his house in the village along with his wife and two small children. The plot adjoining to house of Karan Singh was lying vacant and was having a maund of junk/earth lying there. Bhagwan Singh, accused came to this plot perhaps in under-wears, (though stated naked in the evidence) and started urinating. Wife of Karan Singh saw it from the roof and she felt annoyed and told Karan Singh, about it. He also saw this obnoxious and irritating act of urinating in the open, adjacent to his house. However, at that time he did not say anything to Bhagwan Singh (while he was urinating). Afterwards, he went to the house of Bhagwan Singh, which was nearby in the same gali and called him out and told him that he should not behave in such an indecent manner causing annoyance to the women of the house, Bhagwan Singh at that time was sitting in his house along with Suresh, Khazan Singh and Balwant Singh and taking drinks. On hearing the advice of Karan Singh about being decent, all of them got annoyed and starting abusing him and told that they would behave in the same manner, he may do whatever he liked. On this, the complainant Karan Singh went to his father and brought his father along with him to Bhagwan Singh's house. Bhagwan Singh, Balwant Singh, Suresh and Khazan Singh on seeing Karan Singh with his father attacked them. Balwant Singh and Khazan Singh gave two lathi blows to Bharat Singh, father of Karan Singh. When Karan Singh tried to save his father he was also given lathi blows by them and Suresh, who was having an iron pipe, gave blows with iron pipe to them on which both of them cried for help. On hearing their cries Karan Singh's brother Govind, Jai Prakash and Rakesh came at the spot. They were also given lathi blows and pipe blows by all the four and Rajinder and Mahender, two more accused joined and started throwing brickbats on them and caused injuries to them. Dalip Singh, Uncle of Karan Singh reached at the spot hearing noise of quarrel and when he tried to save them, all the accused cried out that today was the chance to teach a lesson to him. Bhagwan Dass gave lathi blows on the head of Dalip Singh and Suresh gave iron pipe blows on the temple of Dalip Singh. With this Dalip Singh fell on the road. After he fell on the" road still Khazan Singh and Ganesh who was on the spot kept on giving lathi blows on his body and Rajinder and Mahender kept on using brickbats. Dalip Singh became unconscious, while Karan Singh, Jai Prakash, Bharat Singh, Govind, Rakesh etc. received multiple injuries. Dalip Singh was removed to hospital who remained unconscious in the hospital and could not make statement to the police and succumbed to his injuries on next day.
(3.) All the accused persons were charged under Sections 147/148/149/304/325/323/ 34 IPC to which the accused persons pleaded not guilty.;

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