HARI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE this judgment I intend to dispose of Crl.A. No. S1127 SB of 2003 titled as Hari Singh and another vs. State of Haryana and Crl.A. No. S 1141 SB of 2003 titled as Satbir vs. State of Haryana, as both these appeals have arisen out of the judgment dated 21.5.2003 passed by Sh. V.S. Malik, the then Sessions Judge, Narnaul.

(2.) BRIEFLY stated, on 27.12.2001 at about 8.30 a.m. complainant Suresh alongwith her sister Sunita and brother Sher Singh had made a bonfire in the street and they were warming up around it. Surender armed with an iron pipe came there. He gave a blow with it on the head of Suresh. In the meanwhile, Satbir son of Hari Singh came there and gave slaps and fist blows to Suresh. Thereafter, father of the complainant came running to the spot and tried to rescue Suresh. Surender, his brother Satbir and their father Hari Singh grappled with the complainant and her father. Satbir gave a blow with a cricket bat on the forehead of Babu Lal, father of the complainant. The complainant and her father raised alarm which attracted Ramautar and Ramesh. They rescued the complainant and her father from the hands of the accused. Babu Lal became unconscious on account of the injury he suffered on his forehead. Ramautar brought the complainant and her father to General Hospital, Narnaul.

(3.) AFTER investigation, challan was presented. Charge under Sections 307, 323 read with Section 34 IPC was framed against the accused to which they pleaded not guilty and claimed trial. The prosecution in order to bring home guilt of the accused, examined PW -1 Dr. Hemant Kumar, PW -2 Siriniwas Sharma, PW -3 Dr. Amit Mittal, PW -4 Dr. A.K. Chhakkar, PW -5 ASI Dharampal, PW -6 Mahesh Kumar Constable -cum -draftsman, PW -7 Dr. Rahul Gupta, PW -8 Suresh, PW -9 Babu Lal, PW -10 Ramautar, PW -11 HC Jaldhir Singh and closed the prosecution evidence.