RAJ PAL Vs. STATE OF HARYANA
LAWS(SC)-2006-4-86
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on April 19,2006

RAJ PAL Appellant
VERSUS
STATE OF HARYANA Respondents





Cited Judgements :-

NATWAR SINGH BHALSINGH BHABHOR VS. STATE OF GUJARAT [LAWS(GJH)-2008-7-273] [REFERRED TO]
VAGHABHAI TALSIBHAI KOLI VS. STATE OF GUJARAT [LAWS(GJH)-2009-2-103] [REFERRED TO]
NANDAN SINGH VS. STATE [LAWS(ALL)-2008-7-130] [REFERRED TO]
DANDA NAIK VS. STATE OF ORISSA [LAWS(ORI)-2007-7-4] [REFERRED TO]
BRIJ BHUSHAN VS. STATE [LAWS(DLH)-2010-3-341] [REFERRED TO]
SURESH VS. STATE OF KERALA [LAWS(KER)-2014-3-74] [REFERRED TO]
MALU ALIAS WASUDEO MUKA BORKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-3-69] [REFERRED TO]
BAGHELA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2006-8-199] [REFERRED TO]
MAHESH @ DAMO PRAHLADMAL SINDHI VS. STATE OF GUJARAT [LAWS(GJH)-2013-7-477] [REFERRED TO]
Somanath @Jogi Gouda VS. State of Orissa [LAWS(ORI)-2009-12-54] [REFERRED TO]
RICHHPAL SINGH MEENA VS. GHASI [LAWS(SC)-2014-6-29] [REFERRED TO]
GEORGE LAKRA VS. STATE OF JHARKHAND [LAWS(JHAR)-2015-4-56] [REFERRED TO]
BIJAY TUDU VS. STATE OF JHARKHAND [LAWS(JHAR)-2015-1-131] [REFERRED TO]
MAHESH @ DAMO PRAHLADMAL SINDHI VS. STATE OF GUJARAT [LAWS(GJH)-2013-7-641] [REFERRED TO]
ABBAS ALI VS. STATE OF RAJASTHAN [LAWS(SC)-2007-2-120] [REFERRED TO]
AMBARAM VS. STATE OF M P [LAWS(SC)-2007-4-120] [DISTINGUSED]
MADAN VS. STATE OF MADHYA PRADESH [LAWS(SC)-2008-7-8] [REFERRED TO]
KATTA SURENDERA VS. STATE OF A P [LAWS(SC)-2008-6-13] [REFERRED TO]
RICHHPAL SINGH MEENA VS. GHASI ALIAS GHISA [LAWS(SC)-2014-7-112] [REFERRED TO]
JAGDISH AND ORS VS. STATE OF M P [LAWS(MPH)-2007-9-147] [REFERRED]
SUNIL KUMAR AND ORS VS. STATE [LAWS(RAJ)-2011-9-193] [REFERRED]
NATHU KHAN VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2008-8-149] [REFERRED TO]
AMRIT PAL @ CHHOTU & ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-7-273] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Leave granted.
(2.)Challenge in this appeal is to the judgment of learned Single Judge of the Punjab and Haryana High Court dismissing the appeals filed by the appellants. Learned Additional Sessions Judge, Gurgaon had convicted the appellants and one Dharam Singh for offence punishable under Section 304 Part I read with Section 34 of the Indian Penal Code, 1860 (in short IPC). They were also convicted for offence punishable under Section 325 read with Section 34 IPC as well as Section 323 read with Section 34 IPC. They were sentenced to undergo RI for ten years and to pay a fine of Rs. 2,000/-; in default of payment of fine they were directed to undergo RI for six months for the first named offence. They were further sentenced to undergo RI for two years and six months respectively for other two offences. Fine of Rs. 500/- with default stipulation was imposed. Two other accused persons, namely, Vijay Singh and Rattan Singh were released on probation for a period of two years under Section 4 of the Probation of Offenders Act, 1958 (in short Probation Act) in respect of their conviction under Section 323 IPC. Accused Vijay Singh died on 22.5.1992.
(3.)Accused Raj Pal, Bir Singh and Chhater Pal question their conviction and sentences imposed. The factual background in a nutshell is as follows:-
The appellants are sons of one Bhanwar Singh, and grandson of one Ariya alias Arimal. The complainant and party are their collateral. Arimal had another son Hira Singh. Sube Singh (hereinafter referred to as deceased) and Pirthi Singh (PW-7) are sons of Hira Singh. Said Hira Singh had two more sons, namely, Suraj Bhan and Om Parkash. Sanjay (PW- 6) is son of Pirthi Singh (PW-7).

The betrothal ceremony of Ajit son of deceased Sube Singh was to take place on 27.2.1990. On 24.2.1990, Sanjay (PW-6) went to the house of his uncle, the deceased to help him in making preparations for the occasion. An iron gate fixed in the boundary wall of the house of Sube Singh (deceased) had got dislocated. They were re-fixing it by applying cement. The time was about 10 a.m. Appellants -Raj Pal, Bir Singh, Chhatter Pal and Dharam Singh (since deceased) came there armed with lathis and jellies. They desisted Sanjay and deceased from repairing the gate asserting that they had also a share in the property. Deceased told them that they had no right over the property and they had got their property in the partition. The appellants and Dharam Singh abused deceased. In a fit of anger, Raj Pal gave a lathi blow on the head of deceased. Chhatter Pal also gave a lathi blow on his head. Bir Singh gave a jelli blow on the left leg of the deceased. Sanjay (PW-6) intervened to rescue the deceased. Bir Singh gave Jelli blow on the right wrist of Sanjay; Dharam Singh gave a lathi blow on the left hip of Sanjay. Thereafter, Rattan Singh and Vijay Singh appellants also came there armed with jelli and lathi, respectively and joined the fray. Vijay Singh gave a lathi blow on the right side of the jaw of Sanjay, Rattan Singh gave jelli blow on his right thigh. Pirthi Singh (PW-7) father of Sanjay along with Randhir Singh cousin of Sanjay came there on hearing the alarm raised by Sanjay. Raj Pal gave lathi blow on the head of Pirthi Singh (PW-7); Chhatter Pal gave a lathi blow on his right shoulder. Bir Singh gave a jelli blow on the head of Randhir Singh. Tej Pal and Mahender Singh arrived at the place of occurrence and rescued the victims from the attack of the accused persons. The injured persons were taken to the hospital. Deceased breathed his last on 25.2.1990 at about 8.40 p.m. at the Safdarjung Hospital.

After completion of investigation, charge sheet was filed. As accused persons pleaded innocence and denied the charges, trial was held.



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