- (1.) THE appellant, impugns judgment dated 06.09.2013, recorded by the Additional Sessions Judge, Panchkula, acquitting the respondents under Sections 148/323/307/506 of the Indian Penal Code, read with Section 149 thereof, but convicting them for offences under Sections 323/325 of the Indian Penal Code.
(2.) COUNSEL for the appellant submits that the depositions of prosecution witnesses, PW1 Asha Sharma (complainant), PW2 Man Mohan Sharma and PW3 Yashpal, duly corroborated by the depositions of PW9 Dr. Arvind Malhotra and PW10 Dr. Vikas Chauhan, clearly prove the offences alleged. The injury suffered by Man Mohan Sharma, on the head that led to a fracture of the skull clearly proves the ingredients of Section 307 of the Indian Penal Code. It is further submitted that as the respondents were together and attacked the appellant, the learned court below has erred in holding that the respondents did not harbour a common object so as to be liable under Section 148 of the Indian Penal Code. It is further contended that the very fact that respondents simultaneously attacked the appellant with stones, bricks and sticks clearly proves their common object. The depositions by Dr. Arvind Malhotra and Dr. Vikas Chauhan, read along with the medico legal report, Ex.PH/1, prove that injury suffered by the appellant on the head, namely, a fracture, was inflicted with intention and knowledge that it is likely to cause death. The findings recorded by the trial court to the contrary are perverse, arbitrary and contrary to the evidence on record and may, therefore, be set aside.
(3.) WE have heard counsel for the appellant, perused the impugned judgment and considered arguments addressed by counsel for the appellant. The prosecution case, is that on 02.03.2011, a message was received from Government Medical College and Hospital, Sector -32, Chandigarh, that one Man Mohan Sharma is admitted with injuries. ASI Jaswinder Singh went to the hospital, filed an application for recording the statement of Man Mohan Sharma but the doctor opined that Man Mohan Sharma is unfit to make a statement. Asha Sharma, wife of Man Mohan Sharma, made a statement that on 01.03.2011, they were constructing the main gate of their house. The respondents raised an objection. A Panchayat was convened, on 02.03.2011, in which Chhinda Sarpanch, Pal, Chairman and other respectables of the village participated. While the matter was being discussed, Maaru Ram and Hari Om started abusing them. Marru Ram gave a 'danda' blow on the back of her husband. Hari Om inflicted a blow with a stone, on the left side of the head of her husband. Kalu inflicted a blow with a brick. Hem Raj and Golu pushed her husband to the ground and all the accused began inflicting blows. Blood started oozing from the ear of her husband. The accused ran away from the spot. Man Mohan Sharma was taken to Government Medical College and Hospital, Sector -32, Chandigarh. The statement Ex.PA was forwarded for registration of an FIR and upon completion of investigation and arrest of the respondents, a final report was filed, which led to framing of charges under Sections 148/323/307 and 506 of the Indian Penal Code, read with Section 149, thereof.;