LAWS(P&H)-2001-3-199

BAL KISHAN Vs. STATE OF HARYANA

Decided On March 12, 2001
BAL KISHAN Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The prosecution story is as under :-

(2.) The prosecution in support of its case, examined fourteen witnesses in all, the primary one being Dr. Dharamvir Singh (P.W.-8), who had sent two ruqas (Exhs.PBB and PCC) to the police station on April 14, 1992 and on the medical examination of Sohan Lal P.W.- had found eight injuries on his person, Ram Kala with two incised wounds, and had also conducted the post-mortem examination on the two dead bodies and had found six incised wounds on the dead body of Tara chand and four injuries on the person of Bhagli, (three of them incised and one swelling); Constable Bhup Singh (P.W.-5), who deposed with regard to the delivery of the special report to the Illaqa Magistrate; A.S.I. Hari Kishan (P.W.-6), who proved the copy of F.I.R. No.213 dated June 30, 1991 registered at Police Station, Mohindergarh pertaining to a criminal case be- tween the parties in which Sohan Lal P.W.-, his brother Tara Chand deceased and Ratti Ram had been brought to trial and ultimately convicted; Ratti Ram (P.W.-9) a witness to the recovery of the weapons effected at the instance of the accused; Ram Kala (P.W.-10), the first informant and an injured eye-witness; Sohan Lal (P.W.-l1) Bhagli's husband and also an injured eye-witness; Sarda (P.W.-13) another eye- witness; and the Investigating Officer S.I. Shish Pal Singh (P.W.- 14).

(3.) The prosecution case was then put to the accused and their statements recorded under Section 313 of the Code of Criminal Procedure in which with the exception of Lal Chand. they all denied their presence and pleaded false implication. Lal chand accused, however, stated that on April 14, 1992, Tara Chand deceased had attacked him in his field with the assistance of Smt. Bhagli and Sohan Lal P.W.- and that many persons present in the field had entered the affray and the injuries had been caused to the complainant-party by those persons.