SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal has been preferred against the impugned judgment of conviction and order of sentence dated 17/19.04.2004 passed by Addl. Sessions Judge, Gurgaon vide which the accused namely Kela, Omwati, Chanderpati and Parsandi were released on probation and the following accused-appellants were convicted and sentenced as under:

(2.) Prosecution case in brief was that after the injured Jagdish (PW-3) had been declared fit by Dr. B.B.Aggarwal (PW-14), his statement Ex.PB was recorded by the police wherein he stated that on 31.08.2001 at about 6.00 am when he was smoking hukka in the company of Dharam Pal and Dharambir on his plot, appellants Satbir, Kela along with her sons Azad and Kuldeep, Omwati, Chanderpati @ Narpati, Parsandi, Shamsher and Khushi Ram all armed with lathis descended on the spot. They all started raising lalkaras whereupon the complainant Jagdish, Dharam Pal and Dharambir came out of the plot on rasta-sare-am. The appellant Satbir inflicted a lathi blow on the rear of the complainant's head and another blow on his left knee. The other accused in the meantime started inflicting lathi blows on Dharampal and Dharambir, who were seriously injured in the occurrence. The complainant on receiving the injuries became unconscious. After inflicting the injuries on the person of the complainant and others, the accused left the place of occurrence but not before declaring that though they had been saved that time, they may not be lucky enough to escape the next time round. On the basis of this statement, FIR No.161 (Ex.PB/1) was registered under Sections 147, 148, 323 and 506 IPC leading to the arrest of the appellants.

(3.) On completion of investigation, the appellants were charged for offences under Sections 148, 307/149, 325/149 and 323/149 and 506 IPC, to which they pleaded not guilty and claimed trial.