HANS RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 02.11.2000, passed by Additional Sessions Judge, Sirsa, convicting and sentencing the appellant-accused (herein referred as 'the accused') to undergo rigorous imprisonment for a period of one year under Section 324 IPC and rigorous imprisonment for a period of three years and to pay a fine of Rs.4,000/- under Section 326 IPC. However, accused Om Parkash was acquitted.

(2.) COMPLAINANT Punnu Ram and the accused, referred to above, were residing in the same street. Their houses were in front of each other and they used to quarrel over the controversy regarding throwing of cow dung in the street. On 22.10.1994, at about 6:00 p.m., Veera Bai, mother of the accused, threw away the cow dung cakes of the complainant whereupon Kailash Rani, daughter of the complainant objected to it. Veera Bai abused her badly. The sound raised by them, attracted the complainant and his son.

(3.) RESULTANTLY, she fell down. Om Parkash inflicted a gandasi blow on the right arm and two blows from reverse side of gandasi i.e., one on the head and another on the left arm of complainant. On hearing hue and cry, the accused fled away. Ramesh and Kailash were shifted to General Hospital, Sirsa, by the complainant, where all the injured were medico legally examined. On the aforesaid statement of complainant Punnu Ram, recorded on 23.10.1994 by ASI Jagdish Chander, FIR was registered against the accused under Sections 323,324 read with Section 34 IPC.