110 (01 case)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-2126-SB-2007 Date of Decision:21.04.2026 Vir Bhan and Ors. …Appellants Vs.

State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present: Mr. Sarun Hans, Advocate for the appellants No.1,3 and 6. Ms. Monika Beniwal, Advocate for the appellant No.2.

Appeal stands abated qua appellants No.4 and 5 vide order dated 08.04.2026.

Mr. Parmod Kumar, AAG, Haryana.

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N.S.Shekhawat J.

1. The appellants have filed the present appeal against the impugned judgment of conviction dated 03.10.2007 and order of sentence dated 08.10.2007, passed by the Court of Sessions Judge (Fast Track Court), Hisar whereby the appellants were ordered to be convicted for the offences punishable under Sections 148, 307 read with 149 of IPC and were sentenced as under:-

2. That in the night of 29.03.2000 a V.T. message was received in P.S. Sadar, Hisar from Police Station City, Hisar that Poonam Chand son of Lakhi Ram resident of village Sundawas is admitted in Government Hospital, Hisar upon which ASI, Jaibir Singh along with other police officials went to General Hospital, Hisar after obtaining the medical ruqa along with MLR from Police Post Government Hospital, where he was told that injured has been referred to V.K. Neuro Care Hospital. He then went to V.K. Neuro Hospital, Hisar and sought the opinion of the doctor, who declared the injured unfit to make statement. On the next day, he again went to Neuro Care Hospital and after obtaining the opinion of the doctor, recorded statement of injured Poonam Chand who disclosed that on 29.3.2000, at about 6.00/6.30 PM he was coming towards his house after taking fodder and when he reached near the field of Khem Chand son of Maman Ram, Maha Singh, Shobat, Daria Singh, Zile Singh, Khem Chand, Veer Bhan and Om Parkash came out of the wheat crop and surrounded him. Maha Singh was armed with an iron rod, Zile Singh, Khem Chand, Shobat and Om Parkash were armed with lathis and Veer Bhan was armed with jelly. Daria Singh gave an iron pipe blow on his right hand, Shobat gave a lathi blow on his head and Zile Singh gave a lathi blow on his right foot. Khem Chand gave a lathi blow on his right hand, Veer Bhan gave a jelly blow on his right hand and another thrust wise blow of jelly on his left foot. Om Parkash gave two lathi blows on the right foot of the complainant. Maha Singh gave iron rod blow on his right hand and Shobat gave lathi blow on his right hand. He cried for help. On his hearing the hue and cry, his nephew Jai Singh and some other villagers rushed towards the scene of occurrence. On seeing them, all the assailants ran away with their respective weapons. He was brought to the Civil Hospital for the treatment from where he was referred to V.K. Neuro Care Hospital, Hisar. The motive of the dispute was that there was a Sarpanch election in December,1994. Dharam Pal and Maha Singh were main contesting candidates for the post of Sarpanch. During the day of polling, Maha Singh and Dariya Singh shot fired on the other party in which he also sustained the bullet injuries. The accused persons with the intention to kill him caused injuries to him. As per the MLR, he received eleven injuries. Injury No.1 was declared simple. Remaining was kept under observation. All the injuries except injury No.4 and 7 were caused by complainant by pointed out weapon.

3. After completion of investigation, the final report under Section 173 Cr.P.C was presented against the appellants before the Court of Area Magistrate.

4. Since, all the offences in the present case were triable by the Court of Sessions, the case was committed to the Court of Sessions Judge, Hisar.

5. After perusing the challan and other acco