BABU LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a revision petition directed by the accused against the judgment dated 22.7.1999 passed by Dr. S.K. Kapoor, Additional Sessions Judge, Rewari, vide which appeal preferred by the accused against the judgment dated 31.7.1997 passed by Sh. A.K. Singh Panwar, HCS, Additional Chief Judicial Magistrate, Rewari, has been dismissed.

(2.) BRIEFLY stated, the prosecution case, as gathered from the record, is that in the morning of 2.10.1990, at about 9.00 A.M., complainant Mangtu Ram's children has some altercation with his mother's sister Murti Devi, while taking water from a public tap in village Mirpur, District Rewari. Mangtu Ram had scolded his children and pacified his aunt. He had gone to the fields and was returning to home in the evening when accused persons, namely, Babu Lal and Satbir Singh, both armed with Jellies and Ved Parkash, armed with lathi came near a sand-dune accompanied by his wife Krishana and son Bhagirath. The accused proclaimed that they would teach a lesson to the complainant for having picked up a quarrel with Murti Devi. Thereupon, Babu Lal accused gave a blow with jelly on the right elbow and Satbir accused inflicted a blow with jelly on the left leg of the complainant. Ved Parkash accused had allegedly inflicted injury on the left wrist and another on the back of the complainant with lathi. On hearing the noise, complainant's wife Krishana and son Bhagirath who were moving ahead of the complainant, rushed towards the accused, who however ran away from the place of occurrence with their respective weapons. The complainant was taken to the General Hospital, Rewari for treatment, where he was medico-legally examined. On 4.10.1990 after obtaining the legal opinion of doctor, Head Constable Sunderbhan recorded the statement of complainant Mangtu Ram, which formed the basis of the FIR.

(3.) THE prosecution produced 11 witnesses besides placing reliance on certain documents.