RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prosecution case, in brief is that on 17-4-90 at about 7 p.m., Mohinder Singh son of Partap Singh of village Ahrod was coming back to his house from the field. When he reached near the house of Amar Singh, he found Mahesh and Rajesh altercating with his nephew Rakesh Kumar. When he asked them why they were altercating with his nephew, Rakesh Kumar, Mahesh accused gave two fist blows on the stomach of Mohinder Singh. Accused Rajesh also gave slaps to Mohinder Singh and gave him leg blows on his waist. Mohinder Singh raised alarm. His alarm attracted Sultan and Chander Bhan to the spot. They rescued him from the onslaught of Mahesh and Rajesh. Thereafter, the accused went to their house. Mohinder Singh also went to his house. For one day, he remained at home and gave fomentation to his injury. Since he did not get any relief, on 19-4-90, he was shifted to Rewari by his brother Vidya Nand. Police came to the hospital, recorded his statement Ex. PG which he thumb marked. From Rewari, he was taken to PGIMER, Rohtak where he was operated upon. About a month prior, the accused had quarrelled over kurdi with Mohinder Singh. Since then, they were not on speaking terms and they kept grudge against Mohinder Singh. On 7-6-90, case FIR No. 132 was registered under Section 307/34, IPC at Police Station Khol. After the investigation, the accused were challaned.

(2.) Case was committed to the Court of Session by Additional Chief Judicial Magistrate, Rewari vide order dated 29-9-92. Accused were charged under Section 307, IPC by Additional Sessions Judge, Rewari. They pleaded not guilty to the charge and claimed trial.

(3.) With a view to bring home the charge against the accused, prosecution examined Dr. Ram Avtar Gupta, Medical Officer, Civil Hospital, Rewari, PW1, Dr. Ramesh Chand Sharma, PW2, Mohinder Singh PW3, Rakesh Kumar PW4, Nand Lal PW5, HC Rajpal, PW6, SI Surender Singh, In-charge, PP Gokal Gate, Rewari, PW7, HC Basant Lal, PS Khol, PW8, Dr. Sanjay Marwaha, Registrar, Surgery, PW10, Shri Sunder Lal PW9, record keeper, Central Registration, Medical College and Hospital, Rohtak who brought only the summoned record.