IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA D-493-DBA-2004 Reserved on:-05.02.2026 Date of Decision: 17.02. 2026 Uploaded on:-07.03.2026 State of Haryana …Petitioner(s)

Vs.

Bala Devi and others …Respondent(s)

CRA S-60-SB-2004 Dalbir …Petitioner(s)

Vs.

The State of Haryana …Respondent(s)

CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT HON'BLE MR. JUSTICE H.S.GREWAL Present : Mr. Parmod Kumar, AAG, Haryana.

Mr. Nayandeep Rana, Advocate as Amicus Curiae for respondent No.3. Mr. Ram Darshan Yadav, Advocate For the respondents.

N.S.SHEKHAWAT, J. (Oral)

1. By way of the instant judgment, we shall dispose off two criminal appeals, i.e., CRA-D-493-DBA of 2004 titled as “State of Haryana Vs. Bala Devi and others” and CRA S-60-SB-2004 titled as “Dalbir Vs.

State of Haryana”.

2. Vide the impugned judgment and order dated 08.12.2003, Dalbir (appellant in CRA S-60-SB-2004) was convicted for committing the offence punishable under Section 304-II and was sentenced to undergo rigorous imprisonment for a period of 05 years and to pay a fine of Rs.10,000/-, alongwith default stipulation, whereas, three accused, namely, Bala Devi, Anoop and Om Prakash were ordered to be acquitted. Dalbir filed CRA S-60-SB-2004 and prayed for his acquittal whereas the State of Haryana has filed the present appeal with a prayer to convict all the four accused/respondents under Sections 302/34 IPC. Since, both the appeals arise out of the common impugned judgment and order, the same are being disposed off simultaneously.

3. The FIR Ex.PD/2 in the present case was registered on the basis of the statement made by Vinod Kumar, son of Amar Singh, and the relevant extract of the FIR has been reproduced below:-

“Stated that I am a resident of afore mentioned address and do the work of agriculture. We are two brothers. The older one is Jai Bhagwan. My brother Jai Bhagwan also works as an agriculturist. We had been on visiting terms with Om Parkash and Anoop sons of Tek Chand Jat residents of our village. Due to this, my brother Jai Bhagwan had given Rs. 40,000/- to Om Parkash and Anoop for purchasing the tractor about three years ago. They did not return the amount till now. Today, dated 07.11.2001 my brother Jai Bhagwan went to the house of Om Parkash son of Tek Chand, for obtaining the borrowed money. But Om Parkash and Anoop refused to return the said amount. Due to this transaction, a scuffle between my brother Jai Bhagwan and the borrowers arose. My brother had then returned to our house. Today at about 1.30 P.M., Dalbir, Anoop and Om Parkash sons of Tek Chand and Bala Devi wife of Dalbir, residents of our village came to the chowk in front of our house and started abusing due to the above mentioned grudge against my brother Jai Bhagwan. As soon as my brother Jai Bhagwan came to the chowk from his house then Dalbir gave a blow of rod on the head of Jai Bhagwan. Om Parkash gave a blow of jeli on the chest of Jai Bhagwan. Anoop gave a blow of Jeli on the finger of his left hand and Bala Devi gave a blow of Lathi on left knee. On this we rushed to save my brother. Bala Devi assaulted me on the central part of my head and also gave a blow on the right side of my head.

Om Parkash and Anoop assaulted me on my right hand and on the right knee respectively. On receipt of the injuries, we both fell down on the earth and we were rescued by my father, Rakesh son of Manphool Jat resident of the village and other villagers, otherwise they would have killed us. After this, the assailants returned to their home with their respective weapons. They warned us with dire consequences. The people had rescued us otherwise they would have eliminated us. Thereafter, Rakesh and my brother shifted us to the Civil Hospital Jhajjar for treatment. The doctor referred Jai Bhagwan to PGIMS, Rohtak due to seriousness of the injuries. We brought him to PGIMS, Rohtak. I have given my MLR to you. I have got recorded my statement. Heard it, which is correct. Legal action be taken. Sd/- Vinod Kumar attested