MANGTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE case of prosecution is that on 17th of March, 1984 on Holi day, Balwan PW.13, resident of village Kharak Kalan, was returning to his house from the fields at about 3 p.m, after answering the call of nature. When he passed by the side of the house of Hawa Singh accused, he found Hawa Singh, Dharambir, Mangtu and Krishan sitting there under the influence of liquor. Hawa Singh accused gave a khangoora (a gurgling sound from the throat). Balwan PW reached by telling Hawa Singh accused that a dog behaves like a lion at his own premises. He challenged Hawa Singh that if he had guts he should come to his house and then make a khangoora. Hawa Singh accused accepted the challenge and told him that he would be coming.

(2.) AFTER about half on hour, Dharmbir, Mangtu, Krishan, Om Pal, Ram Kumar, Om Parkash, Raghbir and Sobha Ram accused armed with sticks and Hawa Singh and Rambhul accused armed with jailis came to the house of Balwan PW.13. All the accused belong to the same family. Hawa Singh and Raghbir accused shouted challenging Balwan PW to come out as they had come, Malha Ram deceased, father of Balwan PW, who was sitting there was smoking hukka with folded hands beseached the accused not to pick up quarrel and go back. Instead of listening to Malha Ram deceased, Raghbir gave a stick blow on the neck of Malha Ram. Dharambir accused gave a blow on the head and Sobha Ram accused gave a stick blow on his forehead. Hawa Singh accused gave a jaili blow on the eyes. Rambhul accused gave a lathi blow on the nose. Malha Ram on receipt of these injuries fell down. The moment Balwan PW13 came forward to intervene, Ram Kumar accused gave a stick blow on his left leg. Raghbir Singh and Sobha Ram caused injuries on his back. He too fell down. Hawa Singh accused gave a laili blow on his back and Rambhul accused gave a jaili blow on the thigh. Some one out of the accused gave an injury near his right ear. His wife Smt. Hukam Kaur PW15, brother Jit Pal PW18 and uncle Dhupal PW19 also came there. When Smt. Hukam Kaur tried to intervene and save Malha Ram deceased, Ram Kumar accused gave a stick blow on her head and Om Pal gave a blow on the right shoulder. Krishan gave a stick blow on her left arm. On receipt of these injuries, she too fell down. Krishan accused gave blows on her ankles and Om Par (Omi) gave a elbow on her blow. Ram Kumar wielded stick blows towards her, which she warded off by raising her hands and suffered injuries on her right thumb. Dhupal and Jit Pal were also caused injuries. The prosecution witnesses also caused injuries in self-defence. Man Singh PW17 had also witnessed the occurrence.

(3.) DR . Suresh Bakshi PW5 while posted as Medical Officer, Primary Health Centre, Kalanaur, on 17th of March, 1984 at 8.15 p.m. examined Mangtu accused and found a contusion on the base of right hand involving the index and middle fingers. The doctor also found two abrasions on the sternoclavicle joint and left lateral meloleous. The injuries were simple in nature and had been caused by blunt weapon within six hours preceding the examination. On the same day the same doctor at 8.20 p.m. on medical examination of Krishan accused found one incised wound on the left partietal region and two raddish contusions on the left side of the chest and right forearm. The injuries were simple in nature and injury No. 1 had been caused by sharp edged weapon and Nos. 2 and 3 had been caused by blunt weapon within six hours preceding the examination. On the same day the same doctor on medico-legal examination of Hawa Singh accused conducted at 8.30 p.m. found two oblique lacerated wounds on the right parietal region of the scalp and the right leg. The doctor also found one contusion on the left fore-arm. Hawa Singh complained of pain in the gluteal region. The injuries were simple in nature and had been caused within six hours preceding the examination, by blunt weapon. On the same day the same doctor examined Dharambir accused at 9 p.m. and found four contusions on the right fore-arm, right side of the chest, left thumb and incised wound on the left ear. The incised wound was the result of sharp edged weapon and the contusions had been caused by blunt weapon within six hours preceding the examination.