DILSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE two appellants along with one Bheera were tried for offences punishable under Sections 302/323/34 IPC. Bheera was acquitted. However, the two appellants were found to be guilty. They were convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/- each under Section 302 read with Section 34 IPC. In default of payment of fine they were sentenced to further undergo rigorous imprisonment for six months each. They were also convicted under Section 323 read with Section 34 IPC to undergo rigorous imprisonment for six months each. Aggrieved by the order of conviction the two appellants have filed the present appeal.

(2.) THE occurrence is alleged to have taken place on August 28, 1993 at 9 P.M. The situs is village Noorwala. It is at a distance of 3 Kms. from Police Station, Sadar, Panipat. The First Information Report was recorded on August 29, 1993 on the basis of a statement Ex.PK made by Naresh Kumar PW5. This statement was recorded by Assistant Sub Inspector Zile Singh PW11 in General Hospital, Panipat at 1:30 A.M. The FIR Ex.PK/1 was initially recorded on 29.8.1993 at 1:40 P.M. vide Daily Diary Report No. 44 under Sections 307, 323 and 34 IPC. However, later in the day, Vajinder Singh, the injured, had passed away at the Medical College and Hospital, Rohtak. Thereafter, the case was treated as being under Section 302 IPC. The special report had reached the Judicial Magistrate on August 30, 1993 at 10 A.M.

(3.) NARESH Kumar alleges that he along with his brother Vajinder Singh and a cousin Rajinder had gone to Naveen Kumar for taking a V.C.R. (Video Cassette Recorder). They did not meet Naveen Kumar. While coming back from village Noorwala they reached the fields of Dharambir, Sarpanch, at about 9 P.M. Four persons viz. Bheera, a milk seller, Dilshad, Inus and Shokeen ("3 brothers" - sons of Haneef) reached there. Inus and Shokeen were having lathis in their hands. Dilshad had a two-pronged jaili. Shokeen reminded Naresh Kumar that he had abused him about two months back. He threatened to teach him "a lesson for abusing him". Saying so he gave him 3 lathi blows viz. on the eye-brow of the left eye, below the left shoulder and on the right wrist. He also gave a fist blow on the lips. Seeing this, Vajinder Singh tried to save his brother Naresh Kumar. Bheera caught hold of him and Dilshad inflicted a jaili blow on his forehead from its sharp side. Inus gave lathi blows to Rajinder. Vajinder Singh on receiving the jaili blow fell down on the ground. Naresh Kumar alleges that he raised an alarm. The assailants ran away. Naresh Kumar and Rajinder took Vajinder Singh to the Government Hospital, Panipat for treatment. On receipt of a message from the Doctor, ASI Zile Singh reached the hospital and recorded the statement.