NIRMAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) NIRMAL Singh, his wife Smt. Darshan Kaur and his son Narinder Singh have been convicted and sentenced by learned Additional Sessions Judge, Ambala vide impugned judgment dated 11.12.1991 as under :- Nirmal Singh and Smt. Darshan Kaur U/s 323 IPC. Released on probation under Section 4 of the Probation of Offenders Act for a period of six months. Narinder Singh U/s 307 IPC To undergo RI for five years and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo RI for three months.

(2.) AGGRIEVED by the impugned judgment of conviction and sentence, they have preferred the present appeal.

(3.) THE present case was registered on the statement (Ex. PF) of Paramjit Singh PW-8 on 11.6.1989. The occurrence is of 10.6.1989. It is alleged in the said statement that his father Ratan Singh had consumed liquor and he was present in his house. He told his father to come inside the house. His brother Jasbir Singh PW-10 was also present outside the house. He also requested his father to come inside the house. It is then alleged that in the meantime, Nirmal Singh and Smt. Darshan Kaur appellants came there and started beating his brother Jasbir Singh. Narinder Singh son of Nirmal Singh appellant also came there armed with a hockey and Paramjit Singh also reached the spot to rescue his brother Jasbir Singh. The accused started giving him beatings. On noise (raula) raised by them, Ajit Singh and Chhotu Ram came there and rescued him from the clutches of the accused. As he had received injuries, he was removed to Civil Hospital, Ambala City by his brother Jasbir Singh. It is then alleged that Nirmal Singh appellant was in fact having iron rod in his hand and inflicted the injury on his head whereas Narinder Singh appellant was armed with a hockey and gave another blow on his head. Paramjit Singh injured was examined by the concerned doctor of Civil Hospital, Ambala City. The present appellants were consequently arrested in this case. Hockey and iron rods were allegedly produced by them. The same were taken into possession. After the completion of the investigation, they were challaned to face trial.