R.P.NAGRATH, J. - (1.) APPELLANTS were tried of the offences under Sections 324, 323 and 307 read with Section 34 of Indian Penal Code (IPC), in FIR No. 34 dated 02.02.1997, Police Station Bawanikhera, District Bhiwani.
(2.) FIR was registered on the statement of PW -7 Santosh Kumari wife of Phool Kumar, who also suffered injuries in the incident, after obtaining opinion (Ex. PJ/1) on 02.02.1997 at 9.35 p.m. of the Doctor on the application dated 02.02.1997 of local police Ex. PJ, declaring her fit to make the statement. Phool Kumar (PW -8) husband of the complainant suffered serious injuries and was found unfit to make statement vide opinion of the doctor (Ex. PH/1) given on 02.02.1997 at 9.00 p.m. on the application of police Ex. PH. The occurrence took place at about 4.00 p.m. on 02.02.1997. The complainant was returning home, and she reached near the house of Dharam Pal, that appellant Subhash held her form her arm and threatened her to teach a lesson for raising dispute. The complainant raised alarm which attracted PW -8. In the meanwhile, Subhash appellant went towards his house and came back armed with a jailly. He was accompanied by his brothers, Vijay armed with a dattar (sickle), Ramu and Satish appellants armed with jailly each. Subhash inflicted jailly blow on the head of PW -8 and second blow with the same weapon on the right side of his chest. Vijay inflicted blow on the right little finger of PW -8 with sickle and Satish and Ramu also inflicted jailly blow with their respective weapons hitting PW -8 on the left side of his back. When the complainant tried to intervene that Subhash appellant inflicted blow with blunt side of jailly hitting her on the right hand. Ramu similarly inflicted injury on her left lower leg. Satish appellant also inflicted jailly blow on her back. Injuries on her husband started profusely bleeding and they raised alarm which attracted PW -9 Rajal and many other residents of the village. The culprits fled from there alongwith respective weapons, threatening that complainant and her husband were saved that day but would be taught lesson in the near future. PW -8 became unconscious. Father of PW -8 arranged Maruti Van of Sri Bhagwan, a resident of the village and injured were taken to the General Hospital, Bhiwani, where they were medically examined.
(3.) THE motive for the occurrence was that about 20/22 days ago, Subhash appellant insulted the complainant who informed the incident to her husband. However, that dispute was settled with the intervention of panchayat after 3 or 4 days. The appellant party incurred a grudge for that matter.;