AMAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal by two brothers Amar Singh aged 18 years and Pritam Singh aged 30 years, against their convictions under Section 333/34, Penal Code, recorded by Shri V. M. Jain, Additional Sessions Judge (III), Kurukshetra. whereunder each of them has been sentenced to undergo rigorous imprisonment for three years,

(2.) BRIEFLY, the prosecution case was that Thambu Rarn PW 2 was a Forest Guard and. at the relevant time, was posted at village Gahri Beat falling in the Kaithal Range. On 19-9-1980 Thambu Ram PW 2, Raghbir PW 3 and Krishan were returning to Kaithal on their cycles from the side of village Padla and were near Arjan Nagar, Kaithal, at about 7. 30 p. m. Amar Singh appellant gave him a signal to stop. Thambu Ram PW 2 stopped his cycle and alighted from the same. Thereupon, Amar Singh appellant gave a lathi blow to Thambu Ram on his left arm as also abused him. Close-by hiding was pritam Singh appellant who came there along with another, both armed with lathis. The other person gave a lathi blow on the right arm of Thambu Ram and then Pritam Singh appellant gave a lathi blow on his leg. Thereupon, Thambu Ram fell down. Raghbir and Krishan, PWs, witnessed the occurrence, A11 the three accused persons then left the scene of the occurrence giving threat to Thambu Ram that he dare not come to that side again. The PWs took the injured in a rikshaw to the hospital.

(3.) THAMBU Ram PW 2 was medically examined by Dr. V. S. Daka PW 1 at 8. 15 p. m. on 19-9-1980. He found on his person three injuries of the following description: 1 There was a swelling of upper l/3rd of right leg 3" below the right knee joint anteriorly size 6 cm x 6 cm. On this there was a contusion 4 cm x 6 cm anteriorly on the shin of the tibia. The creptius was present. The upper and lower fragments of the bone could be separated from each other. The underlying bone was fractured. 2. There was an abrasion 6 cm x l/2cm on the posterior aspect of the left forearm and upper l/3rd of the left arm was swollen all around. 3. There was a contusion 4 cm x 2 cm on the anterior aspect of right arm. Injury No. 1 was grievous. Injury No. 2 was kept under observation for X-ray but, it seems, that such an examination was not done. Therefore, injuries Nos. 2 and 3 were taken to be simple in nature.