SATPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence imposed by the learned Additional Sessions Judge (I), Jind in Session Case No. 14 of 1997 (Sessions Trial No. 20 of 1997) dated 24.9.1997.

(2.) THE appellants-accused have been prosecuted for the offence under Section 307 read with Section 34 I.P.C. According to the prosecution, injured Karambir Singh was residing in the village Dumerkha Khurd. On 3.12.1996 when he and one Kidara were unloading earth from their Baggi in their plot in the village, accused armed with Gandasi and lathi respectively came there and blamed Karambir for damaging their dung-cakes and accused No. 1 gave a gandasi blow on the left side of the head of Karambir while accused No. 2 gave a lathi blow on the left side of the chest of Karambir. As a result of the injuries Karambir fell down and became unconscious. Kidara raised hue and cry and on hearing it, some persons came to the spot. On seeing them, both the accused left the place of occurrence. Karmabir was shifted to General Hospital, Narwana where he was treated. On the basis of the statement of Kidara, the case was registered for the offence under Section 307 read with Section 34 I.P.C. against the accused and the investigation was taken up. After completion of the investigation, a charge-sheet was filed against both the accused.

(3.) IN order to prove the guilt of the accused, the prosecution examined 12 witnesses and marked certain documents. After the closure of the prosecution evidence, the accused were examined under Section 313 Cr.P.C. who pleaded not guilty.