ISHWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) - Heard learned counsel for the revisionists and the learned District Attorney for the State of Haryana.

(2.) THIS Criminal Revision was pressed regarding the applicability of Section 34, Indian Penal Code (for short 'the Code') to the main offence and sentence passed by the courts below.

(3.) ACCORDING to the prosecution case, the occurrence took place on 13.4.1984 at about 3 p.m. The revisionists and co-accused Lal Singh participated in the occurrence. The revisionists Ishwar was armed with a Gandasa and other revisionist Jai Singh was armed with brick-bats and co-accused Lal Singh (non-revisionist) was armed with a spear. Lal Singh is alleged to have given a Barcha blow which hit the injured Amru near his left shoulder. The brick- bats thrown by revisionist Jai Singh hit Sinder alias Surinder below his left hand. The revisionist Ishwar gave a gandasa blow on the person of Pritam Singh-complainant, which hit on the right side of his head near the ear. The accused persons, as aforesaid, took to their heels on seeing the witness reaching the place of occurrence. The injured of the occurrence were taken to the hospital where they were medically examined and injuries noted in the injury reports. The injury on the person of Amru caused fracture of left shaft humerus and was declared to be grievous in nature vide report Exhibit P.W. 6/A.