STATE OF HARYANA Vs. MANGE RAM AND ANR.

JUDGEMENT

(1.) THIS is State appeal against acquittal of Mange Ram and Hari Om sons of Ram Chander respondents -accused, in terms of impugned judgment dated 15.3.1997, recorded by the then learned Sessions Judge, Rohtak. For enabling precise appreciation of the controversy, we would first notice the prosecution allegations and, thereafter, notice and deal with the premise on which the impugned finding of exoneration proceeds.

(2.) PW 6 Mangal Singh, Satish PW7 and Satte (not examined at the trial) sons of Mst. Nando deceased are separate in mess and residence inter - se. PW8 Raj Devi first informant is wife of Satish.

(3.) THE following day, at about 1.30 PM, Mangal Singh was on way to his house. When he reached near the house of respondent -accused Mange Ram, he was accosted by both the respondents -accused. Mange Ram respondent -accused caught hold of Mangal Singh from latter's rear side. The Raula raised by Mangal Singh attracted his mother Mst. Nando, sister -in - law Raj Devi and her husband Satish to the spot. In their full view, respondent -accused Hari Om gave a Ballam blow on the left side of chest of Mangal Singh. Thereafter, Mange Ram released Mangal Singh and caught hold of latter's brother Satish who (Satish) was also given a Ballam blow by Hari Om. Apart therefrom, Hari Om also gave a Ballam blow in the stomach of Mst. Nando. On account of that blow, her intestines came out of her belly. Mst. Nando, Mangal Singh and also Satish were transported by Joginder, Surinder and Mst. Raj Devi to Civil Hospital, Bahadugarh, in a tractor belonging to the Sarpanch of the village. From there, they were referred to Medical College and Hospital, Rohtak. In their defence, the complainant party picked up stones lying near the drain and threw those upon the respondents -accused.