PAPPAL AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Brief facts of the case are that on 07.09.2006 at about 11.00 P.M., complainant Paras Ram was sleeping in his house. Petitioners Pappal and Sumer arrived there and called the complainant outside his house. Pappal inflicted an injury on his left arm by means of an iron rod. Suresh and Raju also gave slaps and fist blows to Paras Ram. Raj Kumar and Raj Mal, sons of the complainant Paras Ram, arrived at the spot and on seeing them, the petitiones fled away from the spot. On 08.09.2006, Pappal went to General Hospital, Siwani, where he was medico-legally examined and admitted for further treatment. The motive for causing the injuries to Paras Ram was an old enmity. After receipt of X-ray report, FIR was registered on 28.09.2006 for the offences punishable under Sections 323 and 325 read with Section 34 of the Indian Penal Code.

(2.) After completion of the investigation, the investigating agency submitted the charge sheet before the learned Area Judicial Magistrate. Finding a prima facie case, the petitioners were charge sheeted for the commission of offences punishable under Sections 323 and 325 read with Section 34 of the Indian Penal Code to which they pleaded not guilty and claimed trial.

(3.) In order to substantiate its case, the prosecution has examined Paras Ram complainant-injured as PW-1, Rajmal, eye-witness, as PW2, Raj Kumar, another eyewitness, as PW3, Dr. Karambir Singh as PW4, ASI Sham Sunder as PW5 and has also tendered certain documents.