MAHESH GROVER,J - (1.) ON 3.6.1995 at about 10.00 P.M., the appellants, namely, Sis Pal and Kala alias Sanjay, caused following injuries to injured-Raj Singh (PW6) :- 1. There was lacerated wound 3 cms x 0.5 cm x bone deep on left fronto parietal area 1.5 cm from mid line. Fresh blood was present. 2. There was lacerated wound 4 cms x 0.5 cm x bone deep on left parietal area, 5 cms from mid line. 3. There was lacerated wound 3 cms x 0.75 cm x bone deep on right parietal area, 3.5 cms from mid line. 4. There was lacerated wound 1 cm x 0.5 cm. X scalp-deep on right temporal area, 3 cms above the right pinna. X-ray and surgeon opinion was advised for injuries No. 1 to 4. 5. There was contusion 6 cms x 2.5 cm on posterior aspect of right elbow joint and upper 1/3rd of forearm. For this injury x-ray elbow including 1/3 rd of forearm was advised. 6. There was contusion 10 cms x 2 cm on the antero lateral aspect of left thigh. For this injury x-ray left thigh was advised. 7. There was contusion 6 cms x 3 cm on the posterior lateral aspect of left arm. For this injury x-ray left arm was advised.
(2.) THE prosecution case was that PW4-Randhir Singh, at the instance of his brother-PW6-Raj Singh (injured), had gone to the shop of the appellants and demanded liquor. Since the appellants were not dealing with liquor, they questioned PW6-Raj Singh as to why he had sent his brother for demanding liquor from their shop when they were not selling the same. This led to an altercation and the appellants, who were already incensed at the act of PW6- Raj Singh gave him repeated beatings with lathi and 'sheru' (a part of the wooden frame of the cot). As a result of the aforesaid incident, PW6-Raj Singh received the aforementioned injuries, which were elaborately explained in the testimony of PW3-Dr. Labh Singh, who had examined the injured on 4.6.1995 at 3.15 A.M.
(3.) THE prosecution completed its investigation and submitted a challan against the appellants pursuant to the provisions of Section 173 of the Cr.P.C. and prima facie found their complicity in the offences punishable under Sections 308, 323 and 506 of the I.P.C.;