JASBIR Vs. STATE OF HARYANA
SUPREME COURT OF INDIA
STATE OF HARYANA
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Rajendra Babu, J. -
(1.)Seven persons were charged-sheeted for causing the death of Hoshiar Singh, Ram Chander, Pawan Kumar, Ajit on the intervening night of 4/5th October, 1993 by entering into dwelling houses of Hoshiar Singh and Surat Singh and causing grievous hurt to Sahbo, Sarjo, Ashok and Surat Singh.
(2.)In brief, the prosecution version put forth before the trial Court is that on the intervening night of 4/5th October, 1993, when Satpal, his brother Ram Chander, his father Hoshiar Singh, his mother Sahbo and his mothers sister Sarjo were sleeping on the roof of their house, seven accused armed with gandhasis and parsas climbed on the roof of the house and inflicted injuries upon Hoshiar Singh and Sahbo and again they targeted Surat Singh and also inflicted injuries upon Pawan and Ajit. It was specifically stated that Jagdish and Randhir gave lathi blows on the back, buttocks, legs and heads of Surat Singh. Rani, Rohtash, Satbir Singh and Jasbir also inflicted injuries upon Ashok. Similarly it was alleged that Jagdish and Randhir gave lathi blows when they attacked Hoshiar Singh and Sarjo. On the alarm raised, the assailants took to their heels and carried their weapons of offence with them. Ram Chander and Ajit succumbed to the injuries at the spot while Pawan and Hoshiar Singh died later on in the hospital.
(3.)The trial Court, accepting the evidence adduced by the prosecution convicted all the seven persons. When the matter was carried in appeal, the High Court, after analysing the evidence of various witnesses, held that Rani did not resort to the violence particularly when other near relations duly armed with weapons already planned to avenge the death of her husband and gave benefit of doubt to her and thereby allowed her appeal and dismissed the appeals filed by the other six accused.
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