T.P.S.MANN.J - (1.) CONVICTION and sentences, as recorded by Additional Sessions Judge, Hisar under Sections 326/34 and 323/34 I.P.C., have been challenged by the appellants by filing the present appeal.
(2.) THE occurrence, in question, had taken place on 14-04-1992 at about 8.00 P.M. Chandgi, PW2 claimed to have faced the attack, which was launched by the appellants, who, at that time, were armed with a kulhari and a lathi. To begin with, Sube Singh-accused proclaimed to teach Chandgi a lesson for abusing the accused. Thereafter, Sube Singh wielded the kulhari, which he was holding in his hand, and caused an injury on the head of Chandgi. Jaibir accused then gave a lathi blow hitting Chandgi on his forehead. An alarm was raised by the victim. Beg Raj and another person, who was also named Chandgi Ram, son of Kanhiya Lal, rushed to the spot and rescued the victim from the accused. The injured was removed to General Hospital, Siwani on the following day, where, he was medico legally examined by Dr. K.K. Basotia, PW-6. The doctor, thereafter, sent a rukka to the Police Station. On receipt of the same, Sub Inspector Jasrath Singh, PW-5 reached hospital and made an application to find out as to whether the injured was fit to make a statement. On getting opinion in the negative, Sub Inspector Jasrath Singh recorded the statement of Beg Raj, PW-1, who narrated the entire incident. He also stated that the house of the accused adjoined the field of the injured. The cattle of the accused used to be let loose by them who damaged the crop of the injured. About three years back, Jaibir Singh and Chandgi had a quarrel regarding the same, which was, however, compromised. Inspite of that, the accused nursed a grudge against the injured. Beg Raj further apprised Sub Inspector Jasrath Singh that the injured could not be brought to the hospital during the night as no conveyance was available and there was fear of the accused. The investigation of the case was, then, taken up by Sub Inspector Jasrath Singh, who reached the place of occurrence and prepared rough site plan. He recorded the statements of witnesses under Section 161 Cr.P.C. The accused were arrested by him on 17-04-1992. Kulhari was recovered from the possession of Sube Singh, accused. Initially, injury No. 1 of Chandgi was declared grievous and, accordingly, offences under Sections 326 and 323 were made out. On 23-04-1992, injury No. 1 was declared dangerous to life and, accordingly, offence under Section 307 I.P.C. was also added. After the completion of the investigation, the challan was presented against the appellants. It being a case triable exclusively by the Court of Sessions, learned Illaqa Magistrate committed the case. On 02-07-1993, learned Additional Sessions Judge, Hisar framed charges against the appellants for offences under Sections 307/323/34 I.P.C. The accused pleaded not guilty and claimed trial.
(3.) IN support of its case, the prosecution examined Beg Raj, PW1 and Chandgi PW2 regarding the ocular account of the occurrence. Medical evidence came in the nature of testimony of Dr. K.K. Basotia, PW6. The investigation was conducted by Sub Inspector Jasrath Singh, PW5, while Head Constable Vijay Singh PW4 proved the recording of formal FIR. Scaled site plan of the place of occurrence was prepared by Shamsher Singh, Draftsman, PW3, who proved the same.;