MOHAR SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) About 7 or 8 days prior to 19.4.1985, crop of Javi in the field of Des Raj, PW. 2, was allegedly damaged by a few cattle heads belonging to Mohar Singh nursed a grudge against Des Raj. On the same day, at about 6.30 p.m., when Des Raj was lifting harvesting crop of wheat from his fields, Mohar Singh armed with a Gandasi and Samay Singh, Parkash and Hukma armed with lathies came there. Mohar Singh gave a gandasi blow on the right arm of Des Raj. Samay Singh gave a lathi blow on his neck as a result of which he fell down. Parkash gave a lathi blow on the right knee joint of Des Raj and Hukma gave a lathi blow on his right toe. The occurrence was witnessed by Hari Ram, Hukam Singh and Anchal Singh. The injured was removed to the hospital where he was medico legally examined. On receipt of the ruqa from the hospital, ASI Khem Chand, PW.6, went to Civil Hospital, Karnal. On his application, the doctor gave opinion that Des Raj was not fit to make a statement. Then again on 21.4.1985, ASI Pardeep Singh went to the hospital and recorded the statement of Des Raj Ex. PC and on its basis formal FIR Ex. PC/2 was recorded. The said ASI went to the place of occurrence and prepared rough site plan Ex. PD. He arrested the petitioners and after completion of the investigation, they were put to trial.

(2.) Des Raj injured was medico legally examined by Dr. Sushil Kumar, P.W.1 and the following injuries were found on his person :

(3.) The petitioners were charged under Sections 325, 324/34 of the Indian Penal Code. The learned Additional Chief Judicial Magistrate believed the version of the defence to the extent that Hukma was not present on the scene of occurrence. He was also exonerated and found innocent by ASI Ram Chander, PW.7, who verified in investigation but he was still challaned perhaps to seek the opinion of the Court and the police did not want to leave him at their own end. However, he was acquitted by the learned Additional Chief Judicial Magistrate feeling that his plea of alibi was truthful. However, on the testimony of Des Raj, PW.2 and Anchal Singh, PW.3, Mohar Singh, Samay Singh and Parkash were found guilty under Sections 325/34 and 324 I.P.C. They were sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 400/- each under Sections 325/34 I.P.C. and in default of payment of fine each of them was ordered to undergo further rigorous imprisonment for three months. They were also sentenced to undergo rigorous imprisonment for a period of six months each under Section 324 I.P.C. Their conviction and sentence was upheld by the learned Additional Sessions Judge, Karnal in appeal.