IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-2412-SB-2004 NARENDER AND ANOTHER ......... Appellants Versus STATE OF HARYANA ..... Respondent

1. Judgment reserved on 11.11.2025 2. Judgment pronounced on 10.02.2026 3. Judgment uploaded on 12.02.2026

4. Whether only operative part of the judgment is pronounced or whether the full judgment is FULL pronounced.

5. The delay, if any of the pronouncement is full NA judgment and reason thereof.

CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Argued by : Mr. K.S. Billing, Advocate for Mr. Manjot Singh, Advocate for the appellant(s).

Ms. Vasundhara Dalal Anand, Sr. DAG, Haryana.

Mr. Ketan Antil, Advocate for the complainant(s).

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YASHVIR SINGH RATHOR , J. (Oral)

1. The appeal bearing Criminal Appeal No.2412-SB-2004 titled as Narender Singh and another Vs. State of Haryana is directed against the judgment dated 24.11.2004 vide which the appellants have been held guilty and convicted for the offences punishable under Sections 307, 324, 34 of IPC, 1860 and sentenced to undergo rigorous imprisonment for a period of 5 years and a fine of Rs.5,000/- each for the offence under Section 307 of IPC. In default of payment of fine, they have been sentenced to undergo rigorous imprisonment for a period of 06 months. Besides this, they have also been sentenced to undergo rigorous imprisonment for a period of 01 year for the offence under Section 324 of IPC. Both the sentences have been ordered to run concurrently and the period of custody undergone during the trial has been ordered to be set off against the punishment awarded to them.

2. Brief facts of the prosecution case are that on 08.11.2001, ASI Rajiv Kumar, Police Station Sadar, Sonepat, received a telephonic message from General Hospital, Sonepat regarding the admission of Mukesh, Dariyo Singh, Anant Ram and Smt. Sunita in the hospital on account of injuries suffered by them in a quarrel. Thereafter, he alongwith UGC Sukhbir Singh reached General Hospital, Sonepat, where he came to know that the injured have been referred to Trauma Centre, New Delhi by the doctors of General Hospital, Sonepat. EHC Dharambir met him in the Civil Hospital and informed him that in the same occurrence, Smt. Savitri wife of Dhan Singh has also suffered injuries and she is lying admitted in the General Hospital, Sonepat. Thereafter, he moved an application before the doctors seeking opinion as to whether the said Smt. Savitri (injured in the cross-case) was fit to make a statement or not, on which the doctor declared her unfit to make statement.

3. Thereafter, on the same day, ASI Rajiv Kumar went to Trauma Centre, New Delhi and he obtained the opinion of the doctor regarding the fitness of injured Dariyo Singh to make statement and thereafter, he recorded his statement Ex.PA in which he alleged that he is posted as Peon in the office of District Education Officer, Sonepat. On 08.11.2001, at about 4.45 P.M., he alongwith his wife Smt. Kamla, daughter Sunita and Anant Ram, son of his sister, were sitting outside their house and having tea. At that time, his daughter-in-law Mukesh, wife of Surender was lying on a cot inside the house and her brother Randhir was sitting beside her as he had come to meet her for some customary ceremony after the birth of a child in the family. He further alleged that there is a vacant plot of Dhanna across the street in front of his house who had kept some Chhare (wood) in his plot. Savitri, wife of Dhanna and his daughter Kamlesh (accused) came there and started hurling filthy abuses to him and his family members and alleged that they have removed Chharas (wood) from their plot. He tried to pacify them by saying that they have not lifted the wood from their plot, but accused Savitri and Kamlesh started scuffling with them and there was exchange of heated words. In the meanwhile, accused Sanjay and Narender, sons of Dhanna, also came there armed with knives in their hands. Sanjay gave a knife blow on his left armpit when Anant R