In The High Court for the States of Punjab and Haryana At Chandigarh

1. CRA-D-222-DB-2005 (O&M)

Surjeet Singh … Appellant Versus State of Haryana ... Respondent

2. CRA-S-394-SB-2005 (O&M)

Sumer Singh & others … Appellants Versus State of Haryana ... Respondent Date of Decision:- 07.02.2025 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Vinod Ghai, Senior Advocate, with Mr. Arnav Ghai, Advocate, for the appellant/s.

Mr. Ranvir Singh Arya, Addl. AG, Haryana.

GURVINDER SINGH GILL, J.

1. This judgment shall dispose of above-mentioned two appeals arising out of judgment dated 27.01.2005 and order of sentence dated 29.01.2005 passed by learned Additional Sessions Judge, II, Jind. While CRA-D- 222-DB-2005 has been filed on behalf of appellant – Surjeet Singh challenging his conviction for offence punishable under Section 302 IPC, CRA-S-394-SB-2005 has been filed by Sumer Singh, Dilawar @ Dalel Singh and Om Parkash challenging their conviction for offence punishable under Section 323 IPC. However, since the appellants Sumer Singh and Dilawar @ Dalel Singh have expired, proceedings qua them stand abated vide order dated 31.01.2025. As such, CRA-S-394-SB-2005 survives only qua appellant No.3 – Om Parkash.

2. The matter arises out of FIR No.516 dated 21.11.2001 registered at Police Station Safidon, under Sections 302, 307, 323, 148, 149 IPC and Sections 24, 54, 59 of the Arms Act (Ex.P-1A), at the instance of Jaswant Singh. It is the case of prosecution that on 21.11.2001, pursuant to receipt of intimation from the CHC, Safidon regarding admission of Krishan, Jaswant Singh, Nand Ram, Dhanpati, Kamla and Angoori in injured condition, the police visited the hospital and recorded the statement of Jaswant Singh (Ex.P1) leading to lodging of FIR. The complainant Jaswant Singh alleged that there had been altercation between him and Hawa Singh, Satbir, Dharam Singh, Sumer Singh and Surjeet during the last several days with regard to ‘dol’ (boundary made by raising soil) of the fields. On 21.01.2001, the respectable of the village had got the matter compromised where the complainant alongwith Nand Ram, Krishan and Om Parkash were present and on the other side, Hawa Singh, Dharam Singh, Sumer Singh and Surjeet were there. The Panchayat was held till 3:00 PM and a compromise was arrived at, which was yet to be reduced into writing. However, Hawa Singh and Surjeet walked off from Panchayat while saying that they do not accept the compromise and went towards their houses. After a short while, Hawa Singh armed with gandassa came to the chowk outside Darwaja (entrance of house) of Krishan and raised a lalkara exhorting his companions to teach Jaswant Singh a lesson for straightening the ‘dol’ and upon which Dilawar @ Dalel Singh armed with gandassa, Om Parkash armed with gandassa Dharam Singh armed with gun, Surjeet armed with gun, Sumer Singh armed with gandassa, Dharam Pal armed with gandassa came there. They had all come with a common object and attacked them. Dilawar @ Dalel Singh gave blows with gandassa while using it like a stick on left side of head, left arm and fingers of right hand of complainant Jaswant Singh. Om Parkash gave a blow with gandassa on the head of Nand Ram and also gave thrust-wise blows on his chin and mouth. Surjeet fired a shot from his double barrel licensed gun at Krishan hitting him on his abdomen. Upon alarm being raised, complainant’s wife Angoori, Kamla wife of Om Parkash and Dhanpati wife of Prem reached at the place of occurrence. Hawa Singh inflicted 2 injuries on the head of Angoori with the help of gandassa and also gave a blow of gandassa while using it like a stick on her neck and left elbow. Sumer Singh gave a blow with gandassa on the left wrist of Kamla and another blow on her toe by using the gandassa like a stick. Dharam Singh fired repeatedly in the air with his gun. Dharam Pal inflicted injuries with gandassa on the forehead and the left hand of Dhanpati. The