PURSHOTAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgment and order dated 4.11.2003 passed by Sh. S.S. Lamba, Additional Sessions Judge, Yamuna Nagar at Jagadhri, vide which the accused -appellant Purshotam Lal has been convicted under Section 325 IPC and sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 1,000/ - and in default of payment of fine to further undergo rigorous imprisonment for 6 months.

(2.) SHORN of unnecessary details, the case of the prosecution is that on 6.6.2001 Dharampal s/o Bhulla Ram, Harijan, made a statement in Gaba Hospital. He has stated that he is a labourer. On 5.6.2001 he was suffering from fever and was at his residence. About 9.00 P.M. while he was lying on a cot in the court yard of his house and his wife Kamlesh was having bath in the court yard. Parkash Chand s/o Nathi Ram, Harijan, who was under the effect of alcohol came there. The complainant advised him to go to his house as he was intoxicated, but Parkash Chand did not go. Then the complainant alongwith his wife started making him out. Parkash Chand started hurling abuses to which they objected. Thereafter, Parkash Chand, Purshotam and Rajesh sons of Parkash Chand and Jogindro w/o of Parkash Chand came there, armed with lathies and dandas and they gave injuries. The complainant was rescued by his wife. His wife was also given beatings with fist and blows. Then they raised alarm 'Bachao -Bachao', upon which Gulab Singh and Banta Ram were attracted to the spot. They rescued him from the clutches of the accused Parkash Chand, Purshotam, Rajesh and Jogindro Devi.

(3.) THE prosecution, in order to bring home guilt of the accused, examined PW -1 Dharam Pal complainant, PW -2 Kamlesh Devi, PW -3 Balwant Singh @ Balwant Ram, PW -4 Amar Singh, PW -5 Constable Mulakh Raj, PW -6 SI Om Parkash, PW -7 HC, Bhag Singh, PW -8 Dr. B.S. Gaba, PW -9 ASI Gurnam Singh and closed the prosecution evidence.