Vide impugned order, the High Court disposed of Criminal Appeal
No 843-SB of 2001 filed by (1) Ajmer Singh son of Jiwan Singh (2) Man Singh son of Ajmer Singh (3) Gurdhyan Singh son of Ajmer Singh (4) Surinder Singh son of Shamsher Singh and (5) Nanak Singh son of Jiwan Singh out of which the appeal qua Ajmer Singh stands abated.
in the morning of 27.3.1997, Surender Singh tried to drive his tractor trolley from the disputed passage, the bara of the house of Jagdish Chand.
Thereafter, a lathi blow was given on the head of Lajwanti (mother of Ravi Kumar, Rajesh Kumar and Sanjeev Kumar).
In fact, immediately after the incident on 27.3.1997 a civil suit for permanent injunction was filed by the complainant party, namely, Jagdish Chand and Krishan son of Kundan against Ajmer Singh, Nanak Singh sons of Jiwan Singh and Dhyan Singh, Man Singh sons of Ajmer Singh and Surender Singh son of Shamsher.
The incident took place outside the precincts of complainant party, hence the appellants cannot be said to be aggressors.
As is evident from the record, the dispute was with regard to the use of passage by the appellants which the complainant party was claiming to be its own. Considering the material on record which has been discussed above where both the parties suffered injuries in free fight and the passage, which was the root cause of the fight, has been held to be the passage owned by Gram Panchayat and Rafiamm and not belonging to the complainant party, in our opinion, the conviction and sentence of the appellants cannot be legally sustained.
Oka]…………………………J.
Case Title: AJMER SINGH Vs. THE STATE OF HARYANA (2023 INSC 349)
Case Number: Crl.A. No.-000665-000666 / 2011
