SHIS RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHIS Ram son of Phool Singh stands convicted by the learned Additional Sessions Judge. Narnaul vide impugned Judgment dated 22.12.1990 under section 307 I.P.C. and has been sentenced to undergo R.I for five years and to pay a fine of Rs. 3,000/ -, in default of payment of fine to further undergo RI for one year.

(2.) IN short the case of the prosecution is on 26.9.1989, Babu Lal injured complainant lodged a report with the police station that two days back he had a altercation regarding the pelting of stones in his house and when he went to his fields, he found that the appellant was already there. The fields of appellant adjoins his fields. Babu Lal inquired from the appellant as to why he had thrown stones on his house on the night of 24.9.1989 upon which the appellant told him that he would go on doing like this and whatever the complainant wanted to do he could do. After that, the appellant left his she -camel in the field of the complainant. The complainant protested but the appellant refused to take back his she -camel in the field of the complainant. It is then the case of the prosecution that Babu Lal complainant thereafter left for his house and when lie reached near the Pahadi at about 8.30/9.00 a.m. he noticed that the appellant was following him with a Kulhari in his hand alongwith a she -camel. Babu Lal was intercepted by the appellant near the Pahadi and then the appellant asked the complainant as to what he was stating in the field. The appellant got enraged and gave three Kulhari blows on the head of the complainant. He also made an attempt fourth time but the complainant raised his hand. It is then the case of the prosecution that the complainant fell down on the ground and the appellant gave four Kulhari blows upon his back. The complainant was assaulted further by the appellant. He raised an alarm which attracted Lela Ram and Sher Singh who came at the spot and rescued the complainant from the clutches of the appellant and saw the occurrence. The complainant who had received many injuries was immediately referred to Civil Hospital, Narnaul where he was examined by Dr. K. K. Yadav, Medical Officer PW -2. Statement of Babu Lal Ex. PG was recorded after getting opinion of the doctor, on the basis of the same formal F.I.R. Ex. PG/2 was recorded after the receipt of ruqa endorsement Ex. PG/1 in the police station. The police swung into motion and consequently A.S.I. Ishwar Singh PW -5 started investigation. Blood stained earth was also taken vide recovery memo Ex.PJ. Statements of other witnesses were also recorded. The appellant was subsequently arrested on 3.10.1989. In pursuance of his disclosure statement Ex. PK made by the appellant, Kulhari was recovered which was taken into possession.

(3.) DURING investigation report of the Doctor Ex. PF/I was also obtained according to which Injuries No. 1 to 3 on the person of Babu Lal were declared as dangerous to life and injuries Nos. 4 to 8 were simple in nature.