NANDU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners were convicted and sentenced by the learned Judicial Magistrate Ist Class, Hissar vide his judgment and order dated 29th January, 1980, as follows :- U/s 326/34, IPC. RI for two years and a fine of Rs. 500/- each or in default of payment of fine, further RI for four months each. U/s 325/34, IPC. RI for one year and six months and a fine of Rs. 500/- or in default, further RI for four months, each. U/s 324/34, IPC. RI for one year each. U/s 323/34, IPC. Fine of Rs. 100/- each or in default, to suffer further RI for one month each. All the sentences of imprisonment were ordered to run concurrently. On appeal, their conviction and sentence was upheld by the learned Additional Sessions Judge, Hissar. Hence this revision petition.

(2.) THE occurrence took place on 7th August, 1974 at about 6.00 p.m. It is alleged that Dewan Singh PW 4 was taking meals at his house after returning from the fields. He heard abuses being given by Lachhman petitioner in front of his house. He went out of his house and asked Lachhman petitioner to desist from calling bad names. Meanwhile, the remaining three petitioners Bhal Singh, Sant Lal and their father Nandu also came there. Lachhman petitioner, who was having a Kasiya, entered the house of Dewan Singh PW Nandu and Sant Lal petitioners were having lathis and Bhal Singh petitioner was having a Kulhari. Lachhman petitioner opened the attack by giving a Kasiya blow on the head of Dewan Singh PW and another Kasiya blow on his chest. Bhal Singh petitioner gave a Kulhari blow on his hand. On receipt of these injuries. Dewan Singh PW fell down. It is alleged that Nandu and Sant Lal petitioners also caused injuries to Dewan Singh PW with their respective weapons when he was laying down. On heached there and he too was caused injuries by the petitioners. Smt. Sandokhi PW 7, wife of Dewan Singh PW, in order to prevent injuries on her husband, fell upon him and during this course she also received injuries. One Dalip Singh son of Hari Singh and Udmi PW 6 father of Dewan Singh PW also came there and they too were given injuries by the petitioners. The occurrence was witnessed by Maman PW 8 and Siri Chand, who had reached the place of occurrence by the time.

(3.) DEWAN Singh, Hawa Singh and Udmi injured PWs were medically examined by Dr. M.K. Bajaj PW 1 on 8th August, 1974 at 2.15 a.m. who found 5,6 and 5 injuries on the person of each injured respectively. Out of these injuries, two injuries on the person of Dewan Singh PW and one on the person of Hawa Singh PW were declared grievous and rest of the injuries were declared simple in nature. The duration of the injuries was within 12 hours.