- (1.) By this common order, I intend to dispose of Criminal Appeal No. S-296-SB of 2003 titled as Kapil versus State of Haryana ; Criminal Appeal No. S-631-SB of 2003 titled as Hans Raj versus State of Haryana and Criminal Revision No. 961 of 2003 titled as Varinder Kumar versus State of Haryana as these have been arisen out of the same judgment and incident.
(2.) The aforesaid two appeals have been directed by the accused appellants against the judgment dated 31.1.2003 and order dated 4.2.2003 passed by learned Additional Sessions Judge, (Adhoc) Karnal vide which the accused-Kapil stood convicted under Sections 304 Part II of the Indian Penal Code (in short the IPC ) and accused Hans Raj stood convicted under Section 323 read with Section 511 of the IPC and sentenced to undergo rigorous imprisonment for two years whereas released accused Hans Raj on probation under the Probation of Offenders Act, 1958. However, both the accused were acquitted under Sections 302 read with Section 34 of the IPC and 323 read with Section 34 of the IPC. Varinder Kumar complainant has directed the criminal revision petition for setting aside/modifying the judgment of learned Additional Sessions Judge, Karnal and for convicting them under Section 302/34 and 323/34 of the IPC and for awarding imprisonment for life
(3.) Briefly stated the case of the prosecution is that on 21.5.2000 at about 6.00a.m. when complainant Virender Kumar was going for morning walk from his house, on the way exchange of abuses and quarrel was going on between Ram Roop son of Hardwari and accused Hans Raj whose houses are adjacent to each other regarding pushing away rubbish towards the ramp ('FAR') in front of the former's house. On the one side accused Hans Raj and his sons Kapil and Gaurav and on the other side Ram Roop and his son Vishal were also grappling with each other. The complainant and his neighbour Amar Nath intervened and started separating the two parties. At that time, accused Kapil brought a lathi. The complainant wanted to catch hold of him (Kapil) and in that process his lathi hit his left middle finger. Parties were separated. Then all the said three accused climbed the roof of their house and from there they started throwing bricks recklessly. Fourth accused i.e. wife of Hans Raj was giving the bricks to her co-accused. One brick which was thrown by Kapil accused hit Amar Nath on his head who fell down and became unconscious. One brick each thrown by accused Hans Raj and Gaurav hit the complainant on his left thumb and head respectively. Several persons then collected at the spot. Amar Nath in an injured condition was taken to PHC Gharaunda and after he was provided first aid there he was referred by doctor there to Karnal where he was admitted in Parmod Garg, Hospital Karnal. From the said Karnal Hospital he was referred to Delhi due to his condition being serious. The complainant and Vishal also got themselves medico legally examined and they were given first aid also from PHC Gharaunda. The occurrence was witnessed by complainant Vishal and Ram Roop besides other residents of Deep Chand Mandi, Gharaunda. Statement of the complainant was recorded. Ruqa was sent to the Police Station on the basis of which FIR was got registered and investigation commenced. Site plan of the place of occurrence was prepared. Statements of the PWs under Section 161 Cr.P.C. were recorded. The accused were arrested. On 31.5.2000 the investigating officer received telephone message that Amar Nath injured had expired. He then brought the dead body to Karnal where autopsy was got done from General Hospital, Karnal on 1.6.2000. After completion of necessary investigation, challan against the accused was presented before the Illaqua Magistrate. On appearance of the accused, copies of documents were supplied to the accused free of costs. The Illaqua Magistrate, committed the case to the Court of Session as the offence punishable under Section 302 IPC was involved.;