DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) These appeals have been filed against the judgment and order of the Additional Sessions Judge, Gurgaon convicting the appellants under Section 325 read with Section 34 IPC for three years rigorous imprisonment and a fine of Rs. 1000/-each.

(2.) The allegations, in brief, were that on 25.5.2000 appellant No.1 Sunil called out to the complainant and, because the complainant and the father of appellant No.1 had had a fight, started belabouring him. As per the allegations he gave a blow with an iron rod on his right hand. Thereafter appellant No.2 Dharambir gave him blows on the ankle of the right foot and another on the right ankle. Appellant No.1 also gave him another blow which hit him on his right leg. He died after a month and thereafter the appellants were charged under Section 304 IPC. The following injuries were caused:-

(3.) Oblique lacerated injury right leg with fresh bleeding present having size 2 cm x 2.1 cm with contusion reddish in colour having size 4' x 5'. Advised X-ray right leg AP and lateral view.