CHHOTA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is appeal against judgment dtd. 28/10/2003 passed by Additional Sessions Judge, Gurgaon (now Gurugram) whereby appellants, namely, Chhota Devi and Mukesh Kumar were convicted and sentenced as follows:- Offence under Sec. Punishment 307 IPC To undergo rigorous imprisonment for three years and to pay fine of Rs.4000.00 each and in default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) FIR was registered on the complaint (Ex. PA) of Mohd. Iqbal, wherein he stated that on 27/7/2001 at about 09.30 p.m., he was repairing the concrete road, which had been freshly laid a day before as cow of neighbourer Suresh had passed on that passage. In the meanwhile, Pardeep son of Suresh came there and complainant asked him to pass from a distance from the newly constructed portion of the road, which resulted in exchange of hot words between complainant and Pardeep. On hearing their noise, appellant no. 1-Chhota Devi, mother of Pardeep, came out and started quarreling with complainant and also caught his private part. Complainant raised raula at which his brother Isak Khan and relative Rahish Khan also came out and tried to get complainant relieved. Nephew of complainant Abid Ali also came in the street and Mohd. Iqbal and Chhota Devi were separated. In the meanwhile, Mukesh brother-in-law of Suresh threw a gid (stone) which hit head of Abid Ali. Mukesh threw two-three more gid which hit back and right leg of Isak Khan. Abid Ali became unconscious. In the meanwhile, Vinod son of Moti Singh and other neighbours came to the spot and got complainant party released from appellants, who went inside their house threatening the complainant that he had been saved on that day but will not be spared in future.

(3.) Abid Ali was taken to Government Hospital, Gurugram, where he was examined by Dr. B.K. Rajora (PW-5). He found Abid Ali unconscious, whose general condition was poor and he was having convulsions. There was single injury on his head, a lacerated wound on left parietal region with irregular margins, measuring 3x.5 cms. and fresh bleeding was present over there. Injury was subjected to x-ray skull, C.T. Scan and surgeon's opinion. Abid Ali was referred to Safdarjang Hospital, New Delhi for management. In the opinion of doctor injury on the person of Abid Ali was caused with blunt weapon. He prepared medicolegal report (Ex. PD) and sent ruqa (Ex. PD/1) to the police. Dr. B.K. Rajora stated about injury of Abid Ali that the diagnosis made was head injury with extradural haematoma. Craniotomy was done with evacuation of extradural haematoma. On the basis of this, the injury was declared as 'dangerous to life if not treated'.