Kuldip Singh, J. - (1.) BY this single judgment, I will dispose of CRA No. S -499 -SB of 2004, filed by accused/appellants Lal Chand alias Chandi and Shyam alias Ghansham against judgment and order dated 14.2.2004, passed by the learned Additional Sessions Judge, Gurgaon, vide which the appellants were sentenced to undergo rigorous imprisonment for one year under Sections 324/34 IPC. They were further sentenced to undergo rigorous imprisonment for three years and fine of Rs. 5,000/ - each, in default thereof, to undergo rigorous imprisonment for six months each under Sections 307/34 IPC. Both the sentences were directed to run concurrently. The entire amount of fine, if recovered, was to be paid to the injured Bishan Dass under Section 357 Cr.P.C. However, the third accused Tony alias Sanjay was acquitted by the trial Court.
(2.) THIS order will also dispose of CRR No. 1423 of 2004, filed by Jagmal Singh and Bishan Dass (injured), praying for enhancement of sentence and enhance of compensation awarded to the injured. Asi Bhoop Singh recorded the statement of Jagmal Singh (Ex. PA) on 3.4.1999, in which Jagmal Singh (complainant) stated that on 1.4.1999, at about 8:00 PM, he alongwith his nephew Bishan Dass had gone to the vegetable market at Farukh Nagar for sale of cucumber and round gourd (Kheera and Tinda respectively) on the commission agent shop of Garib Dass. After the sale of the vegetables, the Paledars were weighing the vegetables. In the meanwhile, accused Lal Chand alias Chandi, who is the real brother of Jagmal Singh (complainant) accompanied by Shyam, who is son of his (Lal Chand's) brother -in -law came there. It is stated that on 1.4.1999 morning, there was some altercation between the ladies. The matter was later on compromised. Lal Chand alias Chandi in the fit of anger caught hold of Bishan Dass by his neck and gave him slaps and fist blows. When Jagmal Singh intervened to rescue Bishan Dass, Shyam (accused) picked up a bottle and after breaking it, gave a blow of the same on the neck of Jagmal. Shyam also gave a blow of the broken bottle on the left side of waist of Bishan Dass and another blow on the left arm of Bishan Dass. In the meanwhile, Lal Chand kept holding Bishan Dass. Garib Dass, Commission Agent and Vir Singh son of Garib Dass intervened and rescued the injured and witnessed the occurrence. After the said occurrence, Tony son of Rohtash took Lal Chand alias Chandi and Shyam on the motorcycle. After getting first aid, Jagmal Singh came back to his home.
(3.) ACCORDING to the police proceedings, on 2.4.1999 night, a VT message was received regarding admission of injured Jagmal and Bishan Dass in Safdarjang Hospital, Delhi. When the police party reached Safdarjang Hospital and obtained the opinion of the doctor, Bishan Dass was declared 'not able to speak properly'. Jagmal was found not admitted in the hospital. Thereafter, ASI Bhoop Singh obtained the MLRs of Bishan Dass and Jagmal Singh (injured). From the MLRs, offence under Section 323/324 read with Section 34 IPC was made out. Accordingly, FIR No. 51 dated 3.4.1999 under Sections 323/324/34 IPC was registered at P.S. Farukh Nagar, Gurgaon (Ex. PA/2). Police visited the spot and prepared the rough site plan (Ex. PD).;