Gamdoor Singh, Mander Singh and Others and Jaila Singh vs State of Haryana

Sabina, J.—This order shall dispose of the above mentioned three criminal revision petitions.

Petitioner were convicted for offence under Sections 323, 325, 452 read with Section 34 of the Indian Penal code (hereinafter referred to as ''IPC'') vide judgment dated 13.10.2005 passed by Sub Divisional Judicial Magistrate, Dabwali. Vide order dated 15.10.2005 passed by learned Sub Divisional Judicial Magistrate, Dabwali petitioners were sentence to undergo rigorous imprisonment for six months and fine of Rs. 500/- each u/s 323 IPC, and were sentenced to undergo rigorous imprisonment for two years and fine of Rs. 1000/- each under Sections 325IPC and were sentence to undergo rigorous imprisonment for one year and fine of Rs. 500/- each for offence u/s 452 IPC. Aggrieved by the same, petitioners preferred appeals and the same were dismissed by learned Sessions Judge, Sirsa vide judgment dated 29.8.2008. Aggrieved by the same petitioners have filed the present revision petitions.

Prosecution story as noticed by the Appellate Court in para 2 of its judgment, is as under:

As per prosecution version, in view of statement of Bagicha Singh son of Singhara Singh complainant Ex. PA he was married with Paritam Kaur daughter of Bakshish Singh, resident of village Jalalana and that his father-in-law was a Granthi in village Jalalana and thereafter in village Surtia in a Gurudwara and that some items lying in the house at village Jalalana belonging to Bakshish Singh were taken away by Milkha Singh, Mehra Sikh etc. and that Mander Singh son of Maghar Singh and Jhanda Singh son of Sampuran Singh (accused)started residing there and when Bakshish Singh came to know about it, he went to village Jalalana on 29.12.1996 and asked them to vacate the house but they refused and that a panchayat was convened in which complainant also participated and the matter was compromised for Rs. 27000/-and that about one month back when they had gone to take the money, Jhanda Singh etc. refused to pay the same but vacated the house. Further prosecution version is that on 11.8.1997, the complainant along with his father-in-law had gone to village Jalalana and the cot of his father-in-law was put in the house and the complainant stayed with his father-in-law there in the house for two days and that on 13.8.1997 at about 4.45 p.m. the complainant and his father-in-law Bakshish Singh and Munishi Ram son of Birbal were talking while sitting in the house, meanwhile, accused Mander Singh, Boota Singh sons of Maghar Singh, Jhanda Singh son of Sampuran Singh and Jaila Singh son of Sobha Singh residents of village Jalalana armed with lathis entered in the house and Gamdoor Singh son of Basant Singh remained standing outside the house and exhorted to teach a lesson to them for asking for money for the house upon which Mander Singh gave a lathi blow hitting Munshi Ram at on his left leg below the knee and Jhanda Singh gave a lathi blow hitting Munshi Ram on left shoulder, then Mander Singh gave another lathi blow on the left elbow of Munshi Ram and Boota Singh gave a lathi blow on his right shoulder, Jaila Singh then also gave lathi blow hitting on the left leg of Munshi Ram and then Mander Singh and Jhanda Singh gave blows with their lathis on the left leg and on right knee of Bakshish Singh and when the complainant came to his rescue, Mander Singh gave a lathi blow on complainant''s right eye, Jhanda Singh also gave a lathi blow on the complainant''s teeth as a result of which he fell down and then Boota Singh inflicted a lathi blow on the complainant''s back on the right side and Jaila Singh also gave a lathi blow on the complainant''s right shoulder. Jhanda Singh also inflicted another lathi blow on the left shoulder. The complainant also sustained injuries while lying on the ground. They raise a noise, which attracted Gurtej Singh son of Karnail Singh, Ram Piari wife of Munshi Ram and they rescued them. The injured were then taken to the hospital, who became unconscious and upon statement so got recorded by Bagicha Singh, the FIR Ex. PW7/D of this case came to be registered. Investigations commenced. Statement of witnesses were recorded. Rough site plan of the place of occurrence Ex. PW 7/E was prepared. Accused Mander Singh, Boota Singh, Jhanda Singh and Jaila Singh were arrested on 16.8.1997 and they produced their respective lathis which were taken into possession vide recovery Memo Ex. PW7/F 1 to 3. After completion of necessary investigation challan against accused Mander Singh, Jhanda Singh, Boota Singh and Jaila Singh was presented in the court for their trial for the commission of an offence punishable under Sections 323/325/452/34IPC. However, Gamdoor Singh was not found to have been involved in the present occurrence and so he was not challaned.

Learned Counsel for the petitioners, during the course of arguments, have not challenged the conviction of the petitioners under Sections 323, 325, 452 read with Section 34 IPC. Learned Counsel for the petitioners have submitted that the petitioners were facing criminal proceedings since the year 1997 and their sentence be reduced to already undergone by them.

Learned Counsel for the complainant has not opposed the said prayer made by the Counsel for the petitioners.

Accordingly, conviction of the petitioners under Sections 323, 325, 452 read with Section 34 IPC as ordered by the courts below is maintained. However, the sentence of imprisonment of the petitioners is reduced to already undergone by them.

With the above modifications, petitions stand disposed of.