RAMPHAL AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Alongwith the present appeal filed by the three convicts against their conviction and sentences, the Court intends to dispose of Crl. Revision No. 312 of 1997, filed by complainant-Om Parkash, wherein he has sought setting aside of the acquittal of Rampal accused and also for enhancement of the sentences of the three convicts/appellants, as both the cases arise out of the same judgment.

(2.) According to the prosecution, on 15.9.1992 at 7.00 AM complainant-Om Parkash went to his nohra from his house. He saw Ramphal and his wife Smt. Bugla present in front of their house and abusing him in the name of his mother and sister. When the complainant asked them as to why they were abusing him, they stated that they would teach him a lesson for being violent. Ramphal attacked the complainant with a lathi and gave a blow on his head. Smt. Bugla was holding a drati, which she wielded in inflicting an injury on the left side of the head of the complainant. Hari Kishan gave a blow with a lathi held by him, hitting on the left eye of the complainant. In the meantime, Rampal also came there and gave a blow to the complainant. The alarm raised by the complainant attracted Pohap Singh son of Leela and Hari Kishan son of Jagjit, who rescued him from the assailants.

(3.) The complainant was removed in an injured condition to Community Health Centre, Pataudi, where he was medico-legally examined by Dr. J.S.Choudhary. The doctor then sent a ruqa which was received by HC Hawa Singh, when he, alongwith Constable Satya Dev, was present at the gate of Municipal Committee's office in connection with patrolling. H.C Hawa Singh reached the hospital and sought opinion from the doctor as to whether injured-Om Parkash was fit to make statement. He was informed that the injured already stood referred to General Hospital, Gurgaon. Accordingly, HC Hawa Singh went to General Hospital, Gurgaon and sought opinion about the fitness of injured-Om Parkash to make statement. The doctor declared the injured fit to make statement. Accordingly, statement Ex.PG was made by injured-Om Parkash, which was recorded by HC Hawa Singh. Keeping in view the fact that the doctor had found three injuries on the person of Om Parkash, out of which injuries No. 1 and 2 were advised x-ray, whereas injury No. 3 was simple in nature and caused by a blunt weapon, HC Hawa Singh did not find commission of any cognizable offence. Accordingly, he proceeded to record an entry in the daily diary register.