Ishwar and Others vs State of Haryana and Another

K.C. Puri, J.—This is an appeal directed by accused-Appellants Ishwar, Chand Ram, Rajesh and Kapoora, against the judgment dated 2.12.1999 passed by Sh. N.C. Nahata, Additional Sessions Judge - I, Jind, vide which the accused-Appellants have been convicted u/s 325/34 IPC and sentenced them to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/- each. In default of payment of fine, each accused was to further undergo rigorous imprisonment for a period of three months.

The case of the prosecution, in brief is that complainant Nafe Singh was earning his livlihood as a labourer by driving a Jhotta Buggi. About one month prior to the occurrence, the complainant had done the work of earth filling of the village pond at the instance of village Panchayat. On 5.9.2997, complainant Nafe Singh was going to the office of BDPO Pillukhera in order to collect his money and for that purpose he had gone to railway station Budha Khera and was sitting on a bench at the railway station at about 7.30 A.M. waiting for the train. A week prior to the date of occurrence, all the four accused had cut the trees standing in the field of the complainant and there had been a quarrel between the parties over the matter. However, the same was not reported to the police. When Nafe Singh was sitting on a bench at railway station Budha Khera, all the four accused reached there. Accused Chand Ram was armed with a jalli, accused Kapoora, Rajesh and Ishwar were armed with lathies. Accused Chand Ram gave a jalli blow on the right leg of Nafe Singh lathiwise. Accused Ishwar, Rajesh, Kapoora and Chand Ram inflicted more lathi blows on the head, legs and hands of Nafe Singh. Thereafter, all the four accused put Nafe Singh on the rail track. Nafe Singh raise noise but on account of receipt of injuries, he became semi conscious. On hearing the noise of Nafe Singh, Rajmal and Deva Singh reached the spot and they lifted him from the rail track. The accused had put Nafe Singh on the rail track with the intention to kill him. Nafe Singh was then taken to CHC Safidon where he was medico legally examined. The police recorded the statement of the complainant Nafe Singh on the basis of which a criminal case was registered. Dr. A.K. Suri also sent a rukka to the police station regarding the admission of injured Nafe Singh and on the application of the police gave his opinion that injured Nafe Singh was fit to make a statement on 5.9.1997 at 1.00 P.M.

On the basis of statement of complainant Nafe Singh a criminal case bearing FIR No. 147 dated 6.9.1997 under Sections 323/325/34 IPC was registered at Police Station GRP Jind, after receipt of X-Ray result. Statements of the witnesses were recorded. Rough site plan of the place of occurrence was prepared and the accused were arrested. However, during the course of investigation, accused Ishwar was found innocent by the Investigating Officer and hence he was not challaned and was kept in column No. 2. Though, the police after investigation presented the challan against the accused under Sections 323/325/34 IPC, however, feeling dissatisfied with the investigation of the police, complainant Nafe Singh filed a complaint against all the four accused including accused Ishwar Singh and offence u/s 307/34 IPC was also added in the complaint.

After recording of the preliminary evidence, all the four accused were summoned by the learned Additional Chief Judicial Magistrate, Jind and the case was committed to the Court of Sessions for trial.

The charge was framed against the accused under Sections 307/34 and 325/34 IPC, to which they pleaded not guilty and claimed trial.

The prosecution, in order to bring home guilt of the accused, examined P.W. 1 Dr. A.K. Suri, P.W. 2 SI Jagdish Parsad, P.W. 3 Nafe Singh - complainant, P.W. 4 Rajmal, P.W. 5 Inspector Mohan Lal, P.W. 6 Dr. V.K. Bansal, P.W. 7 HC Jagat Singh and closed the prosecution evidence.

The accused were examined u/s 313 Code of Criminal Procedure in which they denied the allegations of the prosecution and pleaded innocence. The accused stated that six days prior to the occurrence, an altercation had taken place between the complainant and accused Chand Ram regarding the trees standing on the doll of the killa between the land of two and that the said dispute was got compromised by the Panchayat but brothers of the complainant had a grudge against them and that the complainant had fallen from his Jhotta Buggi carrying earth from the village pond and sustained injuries and thereafter false case was lodged against them.

Learned trial Court after appraisal of the evidence found the accused guilty and sentenced them to undergo imprisonment and fine as narrated above.

Feeling dissatisfied with the abovesaid judgment of conviction, the accused-Appellants have preferred the present appeal.

It has been brought to my notice that Ishwar and Rajesh - Appellants No. 1 and 3 have expired during the pendency of the appeal. So, the appeal qua Ishwar and Rajesh - Appellants No. 1 and 3 stands abated.

Counsel for the parties have submitted that the parties have entered into a compromise. Compromise has been placed on the file.

Counsel for the complainant and the State counsel were asked to verify the factum of compromise. Learned State Counsel has stated that the matter has been compromised. Statement of Raj Kumar brother of the Nafe Singh (deceased) - complainant to this effect has also been placed on the file.

As per the custody certificate placed on the file, both Chand Ram and Kapoora - Appellants No. 2 and 4, respectively, have undergone incarnation for a period of 7 days. The accused have been convicted u/s 325/34 IPC for two years. The accused are facing protracted trial since the year 1997. The revision petition has also been withdrawn, in view of compromise.

So, in these circumstances, the sentence awarded by the trial Court stands reduced to the period already undergone. However, the sentence of fine stands affirmed. The Appellants are directed to deposit Rs. 3,000/- as cost of litigation before the District Legal Services Authority, Jind within a period of two months from today, failing which the Appellants shall undergo remaining part of the sentence.

The appeal stands disposed of.

A copy of the judgment be sent to the trial Court, for compliance.