BAL KRISHAN Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioner is aggrieved by his conviction by two courts below for offences under Sections 323 and 451 I.P.C. for which he has been sentenced to undergo imprisonment for various terms.

(2.) THE case of the prosecution is that on 21.11.2001 at around 9.30 p.m., the petitioner had an argument with one Diblu Ram, who was carrying on his trade of 'Hawker'. He chased the complainant into the house of Kamla Devi and when she intervened, the petitioner hit both Diblu Ram and Kamla Devi with 'danda' causing simple injuries to them. When Vijay Kumar nephew of Kamla Devi intervened, he was also assaulted by the petitioner.

(3.) PW6 Dr. P.S. Nanda has proved on record medical certificates (Ext.PW6/B, PW6/D and PW6/F). The first medical certificate (Ext.PW6/B) is that of Diblu Ram, on whom lacerated injury 2x1 c.m. on the left middle phaianx and tenderness over the left shoulder were noticed. The second certificate (Ext.PW6/D) deals with the injuries inflicted on Kamla Devi which is a lacerated injury 5x2 cm. reddish pink in colour over the scalp area and the third (Ext.PW6/F) that of Vijay Kumar, the injury has been described to be as tenderness over the scalp and contusion over the scalp 5x3 cm.