DESH RAJ Vs. KEWAL KRISHAN

JUDGEMENT

(1.) FIR No.6/92 had been registered at police station Hauz Qazi under Sections 452/308/34 of the IPC against Durga Prasad, Kewal Krishan Sharma and Jaspal Singh on the complaint of Desh Raj. Desh Raj is the petitioner before this Court.

(2.) Briefly stated the facts of the case: - That on the night intervening 3 -4.1.1992 when Desh Raj was sleeping in his room; at about 1.00 AM a noise was heard. Tara Chand father of PW -1 and his brother Jugesh PW -2 were sleeping in the courtyard outside. PW -1 saw Kewal Krishan accompanied by Jaspal and Durga Prasad standing near his cot. Kewal Krishan was armed with a danda; Jaspal was carrying an iron rod, Durga Prasad had a club/thapi. PW -2 also woke up; altercation took place between the accused persons and the complainant and his brother. Kewal Krishan extorted the complainant by saying that "AAJ HAM TEENO KA KAM TAMAM KAR DENGE". Durga Prasad caught hold of Desh Raj and asked Kewal Krishan to beat him upon which Kewal Krishan and Jaspal Singh started beating Desh Rah. Jaspal hit Desh Raj with iron rod on his head; Kewal Krishan hit him with a danda.

(3.) The victim suffered a head injury; he was removed to the LNJP hospital by Vinod Kumar PW -4 a neighbour in the vicinity. He was medically examined vide MLC Ex.PW -10/A. One CLW measuring 5 cm x 2 cm long on the scalp was noted; no other apparent external injury was visible. MLC shows that the patient had been admitted in the hospital on 4.1.1992 at about 1.20 AM and had been discharged on 8.1.1992. Nature of the injury had been opined to be blunt.