LAIK RAM Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 4.4.1998 of the Additional Sessions Judge in Sessions Case No. 215 of 1994 holding the appellant guilty under Section 323 IPC. The learned Judge vide separate order dated 27.4.1998 gave the appellant benefit of Probation of Offenders Act on his furnishing a personal bond in the sum of Rs.5,000.00 with one surety of the like amount within fifteen days. The learned Judge also directed the appellant to pay Rs.5,000.00 as costs of litigation and Rs.15,000.00 each as damages to the victim.

(2.) Brief facts of the case, as noted by the learned Additional Sessions Judge, are as follows:

(3.) The prosecution, in order to establish its case, examined as many as 11 witnesses. Of these, PW-1, Laxman Singh, and PW-3, Maman Singh are the star witnesses. PW-1 has deposed that when he was leading his buffalos to water, the accused, Laik Ram, was sitting outside his house. Laik Ram asked PW-1 as to whether he was willing to withdraw his case to which PW-1 refused. Hearing this, Satpal and Ajit Singh caught hold of him while Ram Singh and Laik Ram gave lathi blows on his head. On receipt of the blows he lost consciousness and was removed to hospital where he remained hospitalised for two days. PW-3, has corroborated the version of PW-1 on all material aspects. Their statement further gets impetus from the medical evidence.