JUDGMENT

Mr. N.S.Shekhawat, J.

The present appeal is directed against the judgment of conviction dated 01.12.2004 and order of sentence dated 06.12.2004, passed by the Court of Additional Sessions Judge (Adhoc), Fast Track Court, Kurukshetra, whereby the appellants have been convicted for the commission of the offences punishable under Sections 307 , 323, 506 read with Section 34 of IPC and were sentenced as under:-

Under Section 307 read with Section 34 of the INDIAN PENAL CODE

Rigorous imprisonment for three years and to pay a fine of Rs.3000,/- each. In default of payment of fine, they shall further undergo rigorous imprisonment for three months.

Under Section 506 read with Section 34 of the INDIAN PENAL CODE

Rigorous imprisonment for six months.

2. During the pendency of the present appeal, Sher Singh, appellant No.2 had expired and the appeal was pursued only on behalf of appellant No.1 Sahab Singh.

3. The brief facts of the prosecution are that on receipt of a ruqa from Community Health Centre, Shahabad on 17.10.2001, ASI Kartar Singh reached there and inquired about the injured Balkar Singh. However, he was informed that Balkar Singh, injured had been referred to the PGI, Chandigarh. On this ASI Kartar Singh reached PGI Chandigarh, where the doctors declared the injured to be unfit to make statement. On 20.10.2001, Virender Singh complainant met him and got his statement recorded. As per the complainant, at about 11:00 AM on 16.10.2001 he was working in the fields. Sahab Singh, accused reached there on his tractor and destroyed his paddy fields with his tractor. He asked the accused as to why he had done that; on which Sahab Singh abused him and stated that he would do so and he could do whatever he liked. Sahab Singh had beaten him up and abused him. Sahab Singh, accused also threatened to teach him a lesson in future. At about 05:00 AM on 17.10.2001, the complainant and his brother Balkar Singh were taking fodder for the animal and when they reached near the bara, Sahab Singh, accused armed with an iron rod, Sher Singh accused armed with lathi and Ramesh Kumar accused armed with a handle of Kassi (spade) came there. Sahab Singh, gave a blow with iron rod on the head of Balkar Singh and Sher Singh had hit Balkar Singh on his right side. Ramesh Kumar, accused had hit Balkar Singh on his mouth with the handle of the spade. His brother raised an alarm and on this, the complainant and Ram Chander reached there and rescued Balkar Singh from the accused. The accused left the place of occurrence after extending threat to them. With these broad allegations, the FIR in the instant case was registered against three accused namely Sahab Singh, Ramesh Kumar and Sher Singh.

4. Balkar Singh injured was initially got admitted in C.H.C Shahabad and on 17.10.2001, he was referred to PGI. During the course of investigation, injury No.1 on the person of Balkar Singh was declared dangerous to life and Section 307 of the INDIAN PENAL CODE was added. The statements of the witnesses were recorded and the accused were arrested. After completion of the investigation, the report under Section 173 Cr.P.C was prepared and was presented in the competent Court.

5. After consideration of the material collected during the course of investigation, the learned Trial Court found that prima facie the offence punishable under Sections 323 , 307, 506 read with Section 34 of the IPC was made out against the accused and they were ordered to be charge-sheeted accordingly. The accuse