PAWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petitioners Pawan and his mother Savitri were named as accused in case FIR No.246 dated 14.04.1997 registered at Poice Station City Bhiwani, under Sections 323/325/34 IPC.

(2.) In the present case, FIR was lodged by PW-1 Gobind. He stated that on 30.03.1997, he along with his friend Ajmer Singh was going to see the plot of Ajmer Singh in bank colony. Accused Pawan and Savitri met them and asked as to why they have come to see the plot. This resulted into an altercation. Pawan accused gave a lathi blow in the abdomen of Gobind and Savitri gave a brick blow on the head of Gobind. Gobind fell down and he was taken to Civil Hospital, Bhiwani. His statement as PW-1/A was recorded on the basis of which formal FIR was registered. Ajmer Singh PW-2 corroborated the testimony of Gobind PW-1. He stated that Pawan gave a lathi blow in the abdomen of Gobind and Savitri gave a brick blow on the head of Gobind. He further stated that he was also given injuries by the accused person but no medico legal examination of Ajmer Singh was conducted. PW-5 Dr. K.L. Bawa, radiologically examined Gobind on 31.03.1997 and found fracture on 9th and 10th rib on left side of the chest. The report of the radiologist to this effect has been exhibited as Ex.PW5/A. Dr. K.D. Sharma, PW-3 had medico legally examined Gobind PW-1. SI Hari Charan, PW-4 on the basis of statement Ex.PW1/A had registered a formal FIR Ex.PW4/A.

(3.) Statement of the accused was recorded under Section 313 Cr.P.C. They denied the incriminating circumstances and pleaded false implication.