SATISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of above mentioned two criminal appeals i.e. Criminal Appeal No.S-1172-SB-2004 and Criminal Appeal No.S-1803-SB-2004. For brevity, the facts are being taken from Criminal Appeal No.S-1803-SB- 2004.

(2.) The accused-appellant(s), Satish along with co-accused Vinod have faced trial in case FIR No. 136 dated 22.07.2002, under Sections 307/324/34 IPC, registered at Police Station Ganaur.

(3.) Brief facts of the case are that on 22.07.2002, police received an information from Aggarwal Hospital, Ganaur, regarding admission of injured Suresh and Krishan in the hospital. On this, H.C. Azad Singh recorded the statement of complainant- Phool Kumar (Ex.PF) in which he has stated that their ancestors gave some land for residential purpose to Dharam Singh, grand father of Satish- accused long time back and since Satish wanted to sell the same, his brother Suresh prevented him from doing so. It is further stated that on 22.07.2002 at about 3.00 P.M., he along with his brother Suresh had gone to Mohit Cement Store, New Grain Market Ganaur, where his brother was sitting with one Krishan, owner of the shop and the complainant- Phool Kumar was standing on the opposite side of the road. In the meantime, accused- Satish and one another person came on a motor cycle. Accused Satish was armed with a gandasa and the other person was armed with daaw. Both of them entered into the shop of Krishan and Satish accused gave blows of gandasa on the head and other parts of the body of his brother when Krishan tried to rescue him, the other person gave blow of daaw. On raising voice, both the accused ran away on their motor cycle. On the basis of the complaint, FIR (Ex.PF) was registered and after completing the investigation, challan under Section 173 Cr.P.C was submitted. Trial Court framed the charges against both the accused under Section 307/34 IPC while accused-Satish has also been charge-sheeted for the offences punishable under Sections 307 and 324 IPC individually. Both the accused pleaded not guilty and claimed the trial.