- (1.) LEARNED State counsel has filed affidavits of Sh. Rai Sahab, Deputy Superintendent, District Jail, Faridabad mentioning the period of imprisonment undergone by the applicants/appellants No.2 and 3 namely Deepak and Paras Nath. The same are taken on record. Heard counsel for the parties.
(2.) THE Crl. Misc. application has been filed seeking suspension of sentence of imprisonment of the applicants/appellants No.2 and 3 namely Deepak and Paras Nath. Laxman Pandit, complainant in his statement before the Police in respect of the incident that occurred on 7.9.2010 at about 8.30 a.m. has inter alia alleged that Ram Ashish (deceased) was connecting the electric wire for earthing when Paras Nath (applicant/appellant No.3), Deepak (applicant/appellant No.2) and Bhola Ram (appellant No.1) came and started quarrelling with Ram Ashish (deceased). They had come in a fit of rage. Bhola Ram (appellant No.1) took out an iron pipe from his 'jhuggi'. Paras Nath (applicant/appellant No.3) brought out an iron pipe from his 'jhuggi' and Deepak (applicant/appellant No.2) was carrying a 'danda'. Bhola Ram (appellant No.1) hit an iron pipe on the forehead of Ram Ashish (deceased) and he fell down. Then the complainant and his brother-in-law namely Lal Babu Pandit went to lift Ram Ashish. At that time Paras Nath (applicant/appellant No.3) hit him with an iron pipe on the left side of his waist and Deepak (applicant/appellant No.2) hit Lal Babu Pandit with a danda. They also caused injuries to Bhola Ram (appellant No.1) and Paras Nath (applicant/appellant No.3) in their self-defence.
(3.) NO specific injury has been attributed to Deepak and Paras Nath (applicants/appellants No.2 and 3) on the person of deceased Ram Ashish. Paras Nath (applicant/appellant No.3) is attributed an iron blow on the left side of the waist of the complainant Laxman Pandit. However, there is no injury on the left side of the waist of the complainant who was examined by Dr. Gajraj Singh (PW1). Dr. Gajraj Singh (PW1) also examined Lal Babu Pandit and found three injuries which were on the right arm lower one-third region, left elbow and right side of the face below the right eye. The said injuries were caused by the blunt weapon. Injuries No.1 and 3 were simple in nature while injujry No.2 was kept under observation subject to X-ray report. After X-ray, the same has also been opined to be simple in nature.;