JAIBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CONVICTION and sentences, as recorded by Additional Sessions Judge, Hisar under Sections 326/34 and 323/34 I.P.C., have been challenged by the appellants by filing the present appeal.

(2.) THE occurrence, in question, had taken place on 14-04-1992 at about 8.00 P.M. Chandgi, PW2 claimed to have faced the attack, which was launched by the appellants, who, at that time, were armed with a kulhari and a lathi. To begin with, Sube Singh-accused proclaimed to teach Chandgi a lesson for abusing the accused. Thereafter, Sube Singh wielded the kulhari, which he was holding in his hand, and caused an injury on the head of Chandgi. Jaibir accused then gave a lathi blow hitting Chandgi on his forehead. An alarm was raised by the victim. Beg Raj and another person, who was also named Chandgi Ram, son of Kanhiya Lal, rushed to the spot and rescued the victim from the accused.

(3.) IN support of its case, the prosecution examined Beg Raj, PW1 and Chandgi PW2 regarding the ocular account of the occurrence. Medical evidence came in the nature of testimony of Dr. K.K. Basotia, PW6. The investigation was conducted by Sub Inspector Jasrath Singh, PW5, while Head Constable Vijay Singh PW4 proved the recording of formal FIR. Scaled site plan of the place of occurrence was prepared by Shamsher Singh, Draftsman, PW3, who proved the same.