Even when there is an altercation arising out of a minor incident there is some tendency on the part of the prosecution witness to exaggerate matters.
At about 6.00 P.M. Partap raised the protest before Puran who also turned down the same.
1982 disposed of the appeal thus Admittedly there was numberprior enmity between the parties.
The ensuing altercation would probably have been forgotten had Partap Singh deceased number died.
It has companye out in evidence that Ved, Dhapan, Lal Chand, Puran and Ishwar also received injuries in the companyrse of the incident.
The allegation is that the respondents Tara Chand and Puran had attacked Partap with jailies, first they gave jailies blows from the prong side in the chest and when Partap fell down, they gave jailies blows like lathi on his head, back and shoulder.
The State has number preferred any appeal against the order of acquittal or reduction of sentence.
They were armed and attacked Partap.
1982 of the Punjab Haryana High Court in Crl.
The respondents herein along with five others had been found guilty by the trial companyrt accepting the testimony of the two eye witnesses and other material evidence on record.
From the Judgment and Order dated 30.11.
Partap later raised protest before Tara Chand.
The High Court by the impugned judgment dated 30.11.
P. Soni, Ms. Kamlesh Datta and S.K. Sabharwal for the Appellant.
A brief resume of the facts is necessary.
On 10.3.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The quarrel arose out of a very insignificant matter like the burning of dry sugarcane leaves on the companymon boundary of the fields of the two parties.
Shortly thereaf ter Puran and the other members of his family including his wife, brother and their children all numbering about eight reached in front of the house of Partap.
R. Lalit and Uma Datta for the Respondents.
Mahabir Singh for the State of Haryana.
The Judgment of the Court was delivered by FATHIMA BEEVI, J. The respondents Puran and Tara Chand along with Ved, Balwan, Dhapan, Jagdish and Lal Chand were tried before the Additional Sessions Judge, Sonepat, for the murder of one Partap Singh and causing injuries to others.
The protest raised by Roshan was number heeded.
195 of 1984.
P.C. The respondents appealed against the companyviction and sentence.
1972 companyvicted these respondents for offences under section 302, I.P.C., and sections 323,325 read with 149, I.P.C. They were sen tenced to undergo imprisonment for life and ordered to pay a sum of Rs.500 each under section 302, I.P.C., R.I. for one year under section 148, I.P.C., R.I. for one year under section 325 and R.I. for six months under section 323, P.C. The other accused were companyvicted for the minor of fences and released on probation under sections 360/36.1, Cr.
His grievance was number redressed.
425 B./1982.
Sham Sunder and Roshan are the two eye witnesses, be sides Smt.
Appeal No.
It is further alleged that in the companyrse of the incident Lal Chand and Jagdish caused injuries to Roshan Ishwar caused injuries to Dhapan wife of Partap Puran, Ved, Balwan caused injuries to Sham Sunder.
1981 in the morning, Ved Singh burned sugarcane patties causing damage to the wheat crop.
Bhim Singh arrived at the scene and altercation ensued.
The learned Judge by judgment dated 18.5.
emphasis supplied The High Court has, by this Cryptic order, acquitted re spondents of the major charge under section 302, I.P.C., and recorded their companyviction under section 304 Part I reducing the sentence of life imprisonment to a term of imprisonment already undergone while enhancing the sentence of fine.
Partap died on his way to the hospital.
The total fine, if realised, shall be paid to the next heirs of Partap Singh deceased as companypensation.
This Court has granted special leave to appeal.
This Paras Ram was number produced as a witness by the prosecu tion.
