STATE OF HARYANA Vs. MAHENDER SINGH

JUDGEMENT

(1.) This appeal against acquittal arises out of the following facts : The house of Kalu Ram (P.W.- 1) and that of Mahender Singh and the other accused were close to each other in village Pranpura. Kalu Ram had six daughters and two sons, namely, Krishana, Ramo, Teejo, Bhateri, Shakuntla, Firki, Lilu and Bhuru. At about 7.30 P.M. on May 8, 1991, Kalu Ram had a quarrel with Mahender Singh accused over the placing of some Bajri closeby. Kalu Ram thereafter returned to his house but Mahender Singh and other accused started throwing stones/brickbats inside Kalu Ram's house. The brick bats thrown by Mahender Singh, Jai Ram and Shamsher Singh, in particular, hit Firki on her face. The other accused also threw brick bats at the complainant party injuring Teejo and Nathi. The injured were brought to C.H.C., Bawal, where they were medico-legally examined. A ruqa was also sent to the police on which H.C. Sarvsukh of Police Station, Bawal reached the hospital and recorded Kalu Ram's statement (Exh.PA) and on its basis, the formal F.I.R. for offences punishable under Sections 307/323/34 of the Indian Penal Code was registered against the accused. A.S.I. Umed Singh (P.W.-10) the Investigating Officer, also visited the place of occurrence and took into possession several pieces of stone and also recorded the statements of Nathi, Teejo and Prabhu Dayal (P.W.-9). On the completion of the investigaiton, the accused were charged for offfnces punishable under Sections 307/323/34 of the Code.

(2.) In support of its case, the prosecution relied upon the evidence of P.W.-1 Kalu Ram, the complainant; P.W.-4 Radha Krishan, who stated that four stones had been picked up by the police from the complainant's house; P.W.-5 Dr. A.S. Dahiya, who at 10.50 P.M. on May 8, 1991 had medico-legally examined Firki and had found six simple injuries on her person; and on May 11, 1991 medico-legally examined Nathi and Teejo with one simple injury each on their person; P.W.-8 Puran Chand, an eye-witness; and P.W.-10 A.S.I. Umed Singh, the Investigating Officer.

(3.) The prosecution case was then put to the accused and their statements recorded under Section 313 of the Code of Criminal Procedure. They denied the allegaitofs levelled against them and pleaded false implication. They also produced two witnesses in defence.