BED RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants having been convicted and sentenced to undergo rigorous imprisonment for a period of one year for the offence under Section 148, IPC, RI for a period of two years along with a fine of Rs. 1,000/- for the offence under Section 325, IPC, RI for a period of one year for the offence under Section 324, IPC and RI for a period of six months for the offence under Section 323, IPC and in default of payment Against Order of P. L. Goyal, Addl. Sessions Judge (J), Faridabad, D/- 12-10-1999. of fine to undergo further RI for a period of three months vide judgment dated 12-10-1999 passed by the Additional Sessions Judge, Faridabad in Sessions Case No. 5 of 1999 arising out of a criminal complaint filed by Smt. Indrawati wife of Ram Sarup, have filed this appeal challenging the aforementioned judgment.

(2.) According to the complainant Smt. Indrawati, she along with her husband Ram Sarup and their son Mahender were irrigating their fields on 25-11 -1996 when at about 4.30 p.m., the appellant with their common intention to kill the complainant's husband (Ram Sarup) came to the fields armed with lathis and ballams and surrounded the complainant, her husband Ram Sarup and their son Mahender. Bed Ram-appellant No. 1 firstly removed kundi of the diesel engine with a view to pick up the fight and thereafter started abusing the husband of the complainant apart from giving lalkara that the complainant's husband should be killed and be not allowed to escape. Thereafter, Bed Ram gave a ballam blow from blunt side on the head of the complainant's husband (Ram Sarup) whereas Bal Kishan-appellant No. 2 gave ballam blow on the left hand of Ram Sarup and Jagdish gave a ballam blow on the back of Ram Sarup and meantime Manoj, Harbans alias Nanda and Satish also reached the spot with deadly weapons like lathi and ballams and upon seeing them, the complainant husband (Ram Sarup) started running towards the village and reached near the village when Harbans alias Nanda gave a ballam blow on his left hand. Meanwhile, the complainant and her son Mahender also reached at the spot arid were injured by the appellants and other accused persons. According to the complainant, the occurrence was witnessed by Bhola Ram and Hukam Chand sons of Roopan of their village; that the complainant and her husband reached P. S. Sardar Palwal on the same day and reported the matter vide rapat No. 22 dated 25-11-1996 and thereafter got the complainant's husband medico legally examined in the General Hospital, Palwal vide MLR No. RA/124/96 according to which he was found to have suffered seven injuries including injuries No. 2 and 3 which were dangerous to life.

(3.) In order to establish the charges against the appellants, the complainant examined (i) Dr. S. M. Mehra (PW-1); (ii) Dr. Ramesh Likha (PW2); (iii) Ram Sarup - injured husband of the complainant (PW3); and (iv) Indrawati -complainant herself (PW4) while leading her post-charge evidence.