JAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) JAI Singh, son of Ratia, along with his father Ratia, was prosecuted for causing injures to Baru Ram, in the Court of Sessions Judge, Jind, who acquitted Ratia but convicted Jai Singh under Section 325, Indian Penal Code. Feeling aggrieved against his conviction, Jai Singh has filed this appeal.

(2.) THE prosecution case briefly is that on 16th November, 1984, Baru Ram, PW 4, was going to Gorandeh (an open space in the village where cattle stand) to take his buffaloes; that all of a sudden Jai Singh appellant came from behind wielding a Gandasi blow on him, but he warded it off with his hands and caught hold of the Gandasi; that they thereafter grappled with each other; that in the meanwhile, Rati Ram co -accused of the appellant, also came there armed with a Jaili that Jai Singh appellant snatched the Jaili from his father and gave a Jaili blow on his right thigh; and that on the receipt of the injury, he fell on the ground and raised alarm which attracted Udmi Ram to the spot who rescued the injured from the accused. The motive alleged by the prosecution is that the accused appellant had a grudge against the injured for his role in the separation of the eldest son of Rati Ram, namely Mahavir, from the family and on that score, the accused had a motive to cause the injury.

(3.) THE prosecution had examined seven P Ws. in support of its case. Baru Ram, PW 4 and Udmi Ram, PW 5, are the witnesses of the occurrence. Dr. N.C. Mureja, PW 3, medico -legally examined Baru Ram. The other PWs are the police officials.