ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal directed by Ishwar Singh s/o Har Narain, r/o village Dhani Biran, P.S. Tosham, District Bhiwani, against the judgment dated 29.8.1998 passed by Sh. J.S. Jangra, Additional Sessions Judge, Bhiwani, vide which the accused has been convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for a period of three years with a fine of Rs. 2,000/- and in default of payment of fine he was to further undergo rigorous imprisonment for a period of six months.

(2.) THE law was set on motion on recording the statement of Vijender Singh (brother of the injured) on 31.12.1996, who has stated that on 28.12.1996, at about 4.00 P.M., his brother Surender Singh, was playing cricket near the pond of Chandwala alongwith other children of the village. He had gone to the pond with his buffalo to quench the thirst of the buffalo. Surender Singh and Ishwar Singh accused started to quarrel with each other and at that time, Ishwar Singh-accused gave one blow of wicket on the left parietal of the head of Surender Singh and due to that his brother Surender Singh fell down and became unconscious. The blood came out from his ear. At that time, Sudesh s/o Ram Nand, Jaibir Singh s/o Brij Lal Singh were also present, who witnessed the occurrence. Surender Singh was removed to General Hospital, Bhiwani, on the basis of which formal FIR was registered. After investigation, the challan was presented against the accused under Section 307 IPC.

(3.) THE prosecution, in order to bring home the guilt of the accused, examined PW-1 Record Keeper Subhash Chander, PW-2 Dr. Pankaj Khurana, PW-3 Dr. Vinod Malik, PW-4 Shakti Singh, Patwari, PW-5 Vijender Singh complainant, PW-6 Surender Singh injured, PW-7 S.I. Ran Singh, PW-8 ASI Krishan Kumar, PW-9 ASI Surjan Singh, PW-10 Dr. Anurag Krishan Sahay and PW-11 Dr. Arvind Makkar and the prosecution closed its evidence after tendering some documents.