BIRBAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Criminal appeal i.e CRA No.695-SB of 2000 titled Birbal versus State of Haryana and Criminal Revision No.129 of 2001, titled Smt. Sugni versus Birbal and Gulabi, both arise from the common impugned judgment and order. These are, therefore, being decided by this common judgment.

(2.) Case of the prosecution is that on 29.10.1996, at about 02:00 p.m, Smt. Sugni (injured) went to her heap of cow dung cakes (gohara in the local parlance) in village Roop Sarai and found that cow dung cakes stored, therein, had been stolen by someone. She inquired from Smt. Gulabi (accused,since acquitted), whether she had stolen the same. That chagrined Smt. Gulabi. In the meantime, Birbal appellant, husband of Gulabi, Babu Lal son of Gulabi, Parkash and Kailash sons of Parbhata and Prabhati son of Mangtu reached there. Birbal appellant was holding an axe in his hand, while other aforementioned accused were empty handed. On raising a lalkara to kill Sugni, her hands were caught by Kailash and Parbhati and her legs were caught by Babu Lal and Parkash, Birbal appellant gave an axe blow on her head from reverse side and he gave yet another blow from the handle of the axe to Smt. Sugni on her foot. Remaining accused gave her kicks. Sugni cried for help, which attracted her son Pappu (complainant), Jagdish, Ram Avtar, Ganesha and Ram Sawrup, who rescued her from the clutches of the accused.

(3.) On the next morning, Smt. Sugni, injured was taken to civil hospital, Nangal Chaudhary, but no doctor was available there. She was then taken to civil hospital, Kot Putli, where doctor referred her to SMS Hospital, Jaipur finding grievous nature of injuries. She was taken to Jaipur and was got admitted in SMS Hospital. On 31.10.1996, she was operated upon for her head injury. She was having depressed fracture of right pronto parietal bone with underlying extra dural haemota. After operation, her condition improved. On 02.12.1996, she was examined medico-legally by Dr.Rajender Juneja of the same hospital, who found following injuries on her person:-