Inder Singh vs State of Haryana - 2004 Supreme(P&H) 1374

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2004 Supreme(P&H) 1374

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S.SHEKHAWAT, SUKHVINDER KAUR
Inder Singh – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
For the Appellant :Mr. Virender Singh Punia, Advocate
For the Respondent: Mr. Rajiv Sidhu, Sr.DAG, Mr. Rajinder Kumar Banku, Sr.DAG,
For the Complainant :Mr. Ram Kumar Saini, Advocate with Mr. Ankit Saini, Advocate

JUDGMENT :

N.S.Shekhawat J.

1. Challenging the legality and correctness of the impugned judgment dated 08.10.2004 and order of sentence dated 12.10.2004, passed by the Court of Additional Sessions Judge, (II), Jind, whereby, the appellants have been convicted for commission of the offence punishable under Sections 148/302/149, 307/149, 323/149 of IPC and Section 25 of Arms Act, the appellants have preferred the present appeal before this Court.

2. The FIR in the present case was registered on the basis of the statement (Ex.P.1)of Gurdev Singh son of Phagwa and the same has been reproduced below:-

I am resident of village Kakrod and do labour work. In the month of August, 1999 an altercation had taken place between us and the sons of Surju and Jogia, Balmiki, resident of Kakrod and both the parties were challaned. Since then sons of Surju and Jogia bore a grudge against us. Today, on 3.10.2000, at about 6.00 P.M., I. Daya Kishan son of Dhup Singh and Aakar son of On Parkash, Balmiki, resident of the village were talking while sitting on the chabutra of Hukmi son of Mansa Balmiki abutting the street when Darshan son of Inder, Balmiki, resident of village, due to this grudge, asked while