TIRATH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) KEWAL Kumar received two injuries as per medical report Exhibit P.A. Both were caused by sharp-edged weapon within few hours of the examination which was done at 10 p.m. on 19th June, 1979. The doctor Shri R.K. Patnaik, P.W.1 kept both these injuries under observation on that day and the patient was referred to the ENT Specialist and Dental Surgeon in respect of injury No. 1 on right alae of the nose and it was only on 25th of June, 1979 that P.W.1 described this injury as grievous in nature vide his report Exhibit P.C. The case earlier was registered under Section 324/34, Indian Penal Code, against the present petitioner and his co-accused Satish Kumar. On report Exhibit P.C., the offence was changed to 326/34, Indian Penal Code, and the present petitioner and his co-accused surrendered and were arrested on 13th July, 1979, as they were on bail under the earlier offence. Satish Kumar was released on bail on the same day as he was under 21 years of age. Bail to the present petitioner was refused and he remained in custody for about 20/22 days.

(2.) THESE injuries were caused at about 8.30 p.m. on 19th June, 1979 when the petitioner and his co-accused were indulging in gunda gardi on that date. Kewal Ram P.W.4 requested them to desist from doing so but they did not oblige; rather Satish Kumar alias Kala caught hold of Kewal Kumar from the back side and the present petitioner hit him with a knife, caused hurt to the tongue and the upper right side gun uprooting one of his teeth. The prosecution after examining Dr. R.K. Patnaik, P.W.1 Ranjit Singh A.S.I. P.W.2, Constable Mange Ram P.W.3, Kewal Kumar P.W.4, Raj Kumar P.W.5, Rajinder P.W.6, Sohan Lal P.W.7 and Attar Singh A.S.I. P.W.8 in support of its case, closed its evidence.

(3.) THE present petitioner having stated his age to be 22 years in his statement under Section 313, Criminal Procedure Code, was sentenced to rigorous imprisonment for three years under Section 326, Indian Penal Code, and one year rigorous imprisonment under Section 324, Indian Penal Code. These sentences were made to run concurrently.