(1.) This appeal has been instituted against the judgment and order dated 10.05.2013 and 15.05.2013 rendered by the Additional Sessions Judge, (Exclusive Court), Jhajjar, in Sessions case no.68 of 2009/2013 (RBT) whereby the appellants were charged with and tried for offences punishable under Sections 323, 324 read with Section 34 of the Indian Penal Code (in short 'IPC'). The appellants were convicted and sentenced as under:-
(2.) The case of the prosecution in a nutshell is that on 20.05.2009 a medical ruqa and MLR were received in police station regarding hospitalization of Vikas son of Balle Ram, Balle Ram son of Mam Chand and Roshan Lal son of Mam Chand due to injuries suffered in a fight. A formal FIR Ex.P4 was registered by ASI Dharambir. Investigation was carried out. The Medical Officer found five injuries on the person of Vikas. Injury no.1 was opined to have been caused by sharp edged weapon. Injuries no.2 to 5 were opined to have been caused by blunt weapon. Two injuries were noticed by the Medical Officer on the person of Balle Ram. These were caused by blunt weapon. A cross rapat was also registered against the complainant side. Roshan Lal died in PGIMS, Rohtak, on 31.05.2009. Thereafter, the charge was altered from Section 308 IPC to Section 304 IPC against the complainant. Challan was put up after completing all the codal formalities.
(3.) Prosecution examined a number of witnesses. The statements of accused were also recorded under Section 313 Cr.P.C. They have denied the case of the prosecution. The appellants were convicted and sentenced as noticed hereinabove. Hence this appeal.