- (1.) CHALLENGE in this appeal is to the judgment dated 26.10.2013 and order dated 29.10.2013 passed by Sh. Virender Malik, Additional Sessions Judge, Bhiwani vide which the accused appellants have been convicted under Sections 307, 323, 148 read with Section 149 IPC and sentenced to undergo imprisonment and fine as under: - JUDGEMENT_446_LAWS(P&H)4_20141.htm
(2.) ALL the substantive sentences were ordered to run concurrently.
(3.) AAD Ram, Rakesh, Daya Kishan, Sanjay appellants along with Murari were sent to face trial under Sections 148, 307, 323 read with Section 149 IPC vide FIR No. 57 dated 12.5.2010 registered at Police Station Loharu. The law was set in motion by recording the statement of Mahender son of Munshi Ram that on 31.3.2010 he along with his younger brother Vijay was harvesting the crops, where Rakesh son of Aad Ram, Ram Kishan, Murari, Sanjay sons of Gugan Ram, Anil son of Om Parkash, Aad Ram son of Arjun, Rukma wife of Aad Ram, Krishna wife of Om Parkash, residents of village Kural came at about 4/5 PM in their fields and remarked that they had taken the land on lease and threatened to vacate the land and now they will cultivate the land. Saying this, Rakesh gave an axe blow on the head of Vijay, Ram Kishan gave lathi blow on the elbow of Vijay, Ram Kishan gave lathi blow on the elbow of Vijay and Murari gave gandasi blow on his head. Sanjay gave lathi blow on his left hand, Anil gave lathi blow on his left leg. Aad Ram gave lathi blow on the left leg of his brother. Then he fell down on the ground. Then Rukma and Krishna caused him injuries with danda and sickle. Then his brother Vijay raised alarm and on hearing this, his younger brother Naresh and his wife Manju, Usha wife of Vijay and his wife Santra rushed to the spot. On seeing them, all the assailants fled away from the spot along with their respective weapons. The injured were brought to the Hospital. After completion of investigation, challan was presented.;