RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been filed against the impugned judgment of conviction and order of sentence dated 14.05.2004 and 15.05.2004, respectively, passed by learned Additional Sessions Judge, Fatehabad, vide which, appellant has been convicted and sentenced in the following terms:-

(2.) Both the aforesaid sentence were ordered to run concurrently.

(3.) Allegations, in brief, are that on 22.10.1999, Medical Officer, General Hospital, Tohana sent an information to the Police Station Tohana regarding the admission of injured/complainant-Sheo Kori (PW-8) with a history of assault. ASI Dharambir (PW-2), after receiving the statement of Sheo Kori (Ex.PA), recorded by another ASI Dharambir (PW-11), who obtained the opinion from Dr. Vijay Grover (PW-4), regarding the fitness of Sheo Kori (PW-8), who inter alia stated that she is resident of Village Dangra. On 22.10.1999 at about 03:00 PM, when she had taken the cattles to Village Pond, appellant-Ram Kumar followed her and some altercation took place between them, which resulted into abusive language by the appellant. Due to that, she immediately came back to her house and thereafter, at about 04:00 PM, when she was alone, appellant, armed with lathi along with co-accused Indrawati, reached her house and in the meantime, remaining co-accused, namely, Krishan and Billu (real brothers of appellant) also came there and exhorting the appellant to kill Sheo Kori. Upon this, appellant gave a lathi blow on the head of Sheo Kori and consequently, she cried and which attracted Thandu Ram (PW-9), but in his presence also, he gave other lathi blows on her hands. Appellant gave another lathi blow on her mouth and that resulted into breaking of her teeth. Thereafter, neighbours of Sheo Kori came there and on seeing them, all accused persons fled away from the spot. After sometime, husband as well as son of Sheo Kori reached there and she was shifted to the Civil Hospital, Tohana and medico-legally examined by Dr. S.S. Garg, Medical Officer (PW-2). As per MLR dated 22.10.1999 (Ex.PB), the following injuries were noticed by PW-2 on the person of Sheo Kori:-