MAYA RAM & ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner have filed the present Revision Petition against the judgment dated 22.3.1991 by which the appeal filed by the petitioners against their conviction and sentence was dismissed.

(2.) AS per the prosecution case on 22.12.1983 at about 7.30 A.M. Dharam Pal left his house on his bicycle for going to Pundri and thereafter to Civil Hospital, Kaithal. When he reached near the house of Ram Datt (petitioner), he was stopped by him. Said Ram Datt was armed with Gandasi. Said Ram Datt started abusing Dharam Pal. In the meantime, Maya Ram, petitioner brother of Ram Datt armed with Lathi and Shishpal petitioner Siri (partner) of Ram Datt armed with a Jaili came there. Ram Datt petitioner exhorted his co -accused to teach Dharam Pal a lesson for abusing. Simultaneously, Ram Datt gave a lathi blow which struck on the right leg of Dharam Pal. Maya Ram, petitioner also gave lathi blow on the person of Dharam Pal complainant. Dharam Pal cried which attracted Jeeta Ram, PW3, Mollu Ram PW4 and Narain Das to the scene of occurrence and they saved the complainant from the clutches of the accused. The petitioners escaped with their weapons. Said Dharam Pal was beaten by the petitioners in furtherance of their common intention. The injured were removed to Civil Hospital, Pundri from where a message was sent to Police Station, Pundri. Accordingly, AS1 Deep Chand reached there and recorded the statement of Dharam Pal on the basis of which the present case was registered. The investigation was completed and challan was presented against the present petitioners.

(3.) IN support of its case, the prosecution examined Dharam Pal as PW1. Sheo Nath as PW2, Jeeta as PW3, Molu Ram as PW4, Ram Kumar as PW5, Dr. Virender Kumar as PW6, Deep Chand ASI as PW7, Dr. Daljit Singh, Dental Surgeon as PW8 and Dr. B.S. Panwar as PW9 and the prosecution closed its evidence.