(1.) THIS is an appeal against judgment dated 16.3.1994 of the Court of Additional Sessions Judge, Rohtak, whereby Balbir Singh accused- appellant was convicted for offence under Section 325 IPC and was sentenced to undergo RI for three years and to pay fine of Rs. 2000/-. In default of payment of fine to further undergo RI for three months. Out of the fine, if collected, a sum of Rs. 1,000/- was to be paid to injured Kabool as compensation.
(2.) PROSECUTION case against the accused-appellant is that on 13.5.1992 at about 5 PM, when Kabool and one Satbir had started for a walk, then Raj Karan, Ram Chander and Phool Kumar came with a camel cart and had asked Kabool not to tether his camel on the way as it hampered the Rasta. They also threatened that they would park their camel cart in front of house of Kabool. Then Balbir Singh came with a Doga (walking stick) in his hand and gave a Doga blow on the head of Kabool. Phool Kumar gave a brick blow on the forehead of Kabool. Raj Karan and Ram Chander caught hold of Kabool. Hearing the cries, Amar Ali father of Kabool reached there. Then Sajjan Kumar accused caused injuries upon the left eye of Kabool, by throwing a piece of stone. Thereafter all the five accused gave Kabool slaps and fist blows. Kabool had fallen down. Kabool was rescued by his father Amar Ali and one Satbir Singh from the clutches of the accused. Then accused had run away. Kabool was taken to Medical College and Hospital, Rohtak. Case was registered on his statement. Challan for offence under Section 307/34 IPC was presented against Balbir Singh appellant and five others. However, after trial, all others were acquitted whereas Balbir Singh was convicted for offence under Section 325 IPC and sentenced as aforesaid.
(3.) COUNSEL for the appellant had argued that Balbir Singh had also injuries on his person. It was pointed out that during the course of trial, it came during medical evidence that injuries Nos. 2 and 3 on the person of Kabool injured could be just extension of injury No. 1 and, as such, only one blow could have been there. It was argued that even as per statement of Kabool, brick-bat blow was given on his head by other accused who have since been acquitted. It was argued that no independent witness was examined except Kabool who appeared as PW5 and his father Amar Ali who appeared as PW6. It was argued that in fact there had been altercation. Kabool had fallen on the ground and received injuries on the head.