RAGHUNATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ASSAILED in this petition is the order dated 14.2.1995 passed by the learned Additional Sessions Judge, Jagadhri, dismissing the appeal against the order dated 8.1.1993 of conviction under Sections 323/325/149 IPC passed by the learned Judicial Magistrate Ist Class, Jagadhri.

(2.) IN nut-shell, the facts in brief which culminated into trial against the petitioners are that on 27.9.1986 at about 7.00 a.m., Rashmi Devi daughter in law of complainant-Shiv Ram (hereinafter referred to as "the complainant"), was present in the street, Lakhvir petitioner hit her by his bicycle, as a result of which some altercation took place, which attracted complainant, his son Sohan Lal, Jee Ram and niece Karmi and the petitioner Raghunath. Raghunath inflicted fist blows on the face of the complainant and in the meantime Jagdish Ram, Pannu Ram, Ramesh also reached at the spot and inflicted injuries to the complainant party. Raghunath and Jagdish petitioners caused injuries to the complainant with fist blows and lathi blows. Jagdish further inflicted injuries to Sohan Lal with lathi, Ramesh caused injuries to Jee Ram with lathi and Miss Karmi also received injuries at the hands of the petitioners. On the basis of the aforesaid statement Ex. PA, FIR Ex. PW-11/F was registered. Investigation was commenced which was followed by a report under Section 173 Cr.P.C.

(3.) ON commencement of the trial, the prosecution examined Shiv Ram (PW-1), Jee Ram (PW-2), Sohan Lal (PW-3), Reshmi (PW-4), Ranjit Singh (PW-5), Surta Ram (PW-6), Dr. Subhash Chand Goel (PW-7), B.S. Sharma (PW-8), Dr. Arun Chaudhary (PW-9), Dr. R.S. Garg (PW-10) and H.C. Avtar Singh (PW-11).