STATE OF HARYANA Vs. SARLA RAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 10.07.93, rendered by the Court of Chief Judicial Magistrate, Rewari, vide which, it acquitted the accused (now respondents).

(2.) THE facts, in brief, are that Sardarmal, complainant, on 22.04.86, at about 6.00 PM, was returning from the house of Babu Lal, and when he passed in front of the house of the accused, he noticed Sarla Ram, alongwith his three sons consuming liquor. Sarla Ram, accused, invited him to sit down with them, but he refused. Upon this, Sarla Ram, accused, felt annoyed and hurled a stone at the complainant, which hit his head. The complainant then ran away to his house. All the accused followed him. Karan Singh alias Hapli, accused, hurled a stone at him, hitting his left hand. Naresh, accused, hurled a stone, hitting his nose, whereas, Siri Bhagwan @ Billu, accused, hurled a stone, hitting the left hand finger of Sardarmal, complainant. It was further stated that Sarla Ram, accused, caught hold of the complainant, and, thereafter, all the accused, pelted more stones at him (complainant),which hit him on various parts of the body. Ultimately, the complainant was rescued, from the clutches of the accused, by Kashmiri Lal, PW3, who was present there and his (complainant's) son Ved Parkash. On the basis of the statement, made by the complainant, first information report, was registered. The complainant was got medico-legally examined. The accused were arrested. After the completion of investigation, the accused were challenged.

(3.) THE prosecution, in support of its case, examined Dr. R.S. Yadav, Medical Officer, Civil Hospital, Rewari (PW1), who found eight injuries, on the person of Sardarmal. Injury No. 3, was declared grievous in nature, caused by blunt weapon, whereas, the remaining injuries, were declared simple in nature, caused by blunt weapons, Sardarmal, complainant, (PW2), Kashmiri Lal (PW3), Ram Chander, Assistant Sub Inspector, CIA Staff, Rewari (PW4), the Investigating Officer, Ved Parkash son of Sardarmal, complainant (PW5), Roshan Lal (PW6), Attar Singh, Medical Record Clerk, Medical College Hospital, Rohtak (PW7), and Dr. Pradeep Grower, Medical College, Rohtak (PW8). Thereafter, the Additional Public Prosecutor for the State, closed the prosecution evidence.