JUDGEMENT
S.D.BAJAJ, J. -
(1.) BIJENDER Singh son of Hoshiar Singh and Om Parkash son of Banwari, both residents of village Chhudani, are married in village Hiran Kudna. Smt. Bala wife of Om Parkash defamed Bijender Singh before his in-laws. When he went there to in-laws of Bijender Singh apprised him of it. On return to village Chhudani, after meeting his in laws in village Hiran Kunda Bijender, Singh went to the house of Om Parkash and reprimanded his wife named Smt. Bala for talking ill of him in the house of his in-laws and said that she was herself bad.
(2.) ON the following day around 6.30 A.m. on 3rd January 1987 Om Parkash son of Banwari and his brother Jai Parkash both armed with a jaily each and their other two co-accused in Jaidev and Sombir both armed with a lathi each went to the house of Hoshiar Singh in search of his son Bijender Singh aforesaid. Not finding him at the house, all the four accused duly armed as aforesaid proceeded towards village pond whereto he (Bijender Singh) was reported to them to have gone to ease himself. Seeing Bijender Singh-returning from the village pond, the four assailants took up positions at the end of the street and waited for his arrival back after easing himself at the pond.
Anxious father of Bijender Singh in Hoshiar Singh (now deceased) and his two brothers in Rajinder Singh and Vijender are also alleged to have thereafter proceeded in the direction of accused-appellants to warn Bijender Singh, allegedly returning from the pond after easing himself, of the danger at the hands of duly armed assailants in accused-appellants. When they reached near them at the end of the street. Om Parkash gave a jaily blow to Hoshiar Singh on the left side of his head, Jai Parkash thereafter gave jaily blow to Hoshiar Singh wielding the jaily lathi-wise which hit him (Hoshiar Singh) over the left eye-brow. Jai Dev gave Hoshiar Singh a lathi blow on the right side of his head. Sombir gave Hoshiar Singh a lathi blow on his left elbow, Jai Parkash wielding his jaily lathiwise gave Hoshiar Singh a blow therewith on his left wrist joint and thereafter inflicted on him another jaily blow on the right side of his foot below the knee. Hoshiar Singh then fell down on the ground after sustaining the injuries aforesaid.
(3.) RAJINDER Singh and Vijinder Singh, two sons of Hoshiar Singh, who tried to intervene also sustained injuries at the hands of the accused party and are alleged to have inflicted injuries upon them as well. Original victim of the accused party in Bijender Singh is also alleged to have arrived at the place of occurrence presumably when both the rival groups aforesaid had exhausted themselves and, therefore, remained unhurt.;
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