PREM RAJ Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner has approached this Court challenging judgment dated 3.1.2019 passed by learned Additional Sessions Judge, Fatehabad, whereby conviction of the petitioner for offences under Sections 323, 325, 341 and 506 of Indian Penal Code as recorded by the trial Court, has been upheld.

(2.) The FIR was lodged at the instance of Murti Devi, wherein she stated that on 23.4.2014 at about 8:15 A.M., when her son Mangat Ram was filling water with the help of water hose, then Prem Raj resident of an adjacent house came there and kept a brick on the water hose and upon which an altercation took place and that when Murti Devi tried to rescue her son Mangat Ram, Prem Raj gave a blow with 'stick' hitting her head and gave another blow hitting her right hand. When the neighbours were attracted to the spot, the accused Prem Raj fled away.

(3.) The prosecution, apart from examining the injured Murti Devi and her son Mangat Ram as PW-1 and PW-2, also led medical evidence in the shape of statement of PW-3 Dr. Jai Parkash and PW-5 Dr. Amit Saini. PW-3 Dr. Jai Parkash proved the MLRs in respect of both the injured i.e. Murti Devi and her son Mangat Ram as PW-3/B and PW-3/C, as per which both the injured had sustained two injuries each. Further, PW-5 Dr. Amit Saini, Radiologist proved the X-ray reports indicating that Murti Devi had sustained fracture of both bones of her right forearm. Apart from the aforesaid witnesses, the prosecution also examined the investigating officer and other formal witnesses.