The central legal point established in the judgment is the requirement for conclusive proof of the cause of injuries and the consideration of alternative explanations, such as the defense's argument of a road side accident.

ARVIND SINGH SANGWAN, J.

1. Prayer in this revision petition is for setting-aside the judgment of conviction dated 07.12.2011 and order of sentence dated 10.12.2011 passed by the trial Court, convicting the petitioners/accused under Sections 323, 326, 341, 427 read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC') and the judgment dated 21.10.2013 passed by the Appellate Court whereby the revision filed by the petitioners against the order of conviction and sentence dated 07.12.2011 and 10.12.2011 was dismissed.

2. The prosecution case as per the FIR is that the complainant – Naresh Kumar son of Santa Ram got the FIR No.40 dated 31.03.2005 for offence punishable under Sections 323, 326, 341, 427 read with Section 34 IPC registered against the petitioners/accused with the allegation that on 29.03.2005 at about 11:00 PM, when he was coming towards his village from Kaithal on his four-wheeler bearing registration No.HR-10-A-1060 driven by Ranbir son of Bhim Singh, on reaching near village Sajuma they saw a tractor-trolley parked in the middle of the road. On seeing that they slowed down the speed of their four-wheeler and stopped near the tractor-trolley. When the complainant tried to get down from the four-wheeler, the petitioners/accused gave lalkara and on hearing the same, the driver of the four-wheeler fled away from the spot due to fear. Thereafter, petitioner No.2 – Bintu caught hold of the complainant and petitioner No.1 – Sintu bite him on his back. Both the petitioners also caused several injuries to the complainant and petitioner No.2 – Bintu seized the complainant by his throat and as a result of which his tongue came out from his mouth and petitioner No.1 – Sintu bit on the tongue and the complainant became unconscious. He was brought to the hospital by one Balbir Singh and got him admitted. Thereafter, the police from Police Station Kalayat came and recorded the statement of the complainant and lodged the FIR.

3. After completion of investigation, charges were framed against the petitioners under Sections 323, 326, 341, 427 read with Section 34 IPC to which they did not plead guilty and claimed trial.

4. order to prove its case, the prosecution recorded the statements of the complainant PW1 – Naresh Kumar, who deposed on the same set of version as given in the FIR. PW2 – HC Balwan Singh stated that on receiving the information, he reached the government hospital and submitted an application Ex.PW2/A for recording statement of the complainant – Naresh Kumar but the doctor has informed him that the patient has been referred to Post Graduate Institute of Medical Education and Research, Chandigarh (in short 'PGI'). Thereafter, he reached PGI, Chandigarh and moved another application Ex.PW2/B before the Medical Officer for recording the statement of the injured on which the doctor informed him that the patient has been sent back to Government Hospital, Kaithal. He again came back to Government Hospital, Kaithal and submitted one another application Ex.PW2/C before the Medical Officer, Kaithal for recording the statement of the complainant on which the doctor opined that the complainant is fit to make the statement. On receiving a written complaint Ex.PA from the complainant, the information was sent to the Police for recording the FIR on which a formal FIR Ex.PW2/E was recorded. He has further stated that thereafter, he reached the place of occurrence and prepared a site plan Ex.PW2/G and vide recovery memo Ex.PW2/H took in possession the accidental four-wheeler bearing No.HR-10-A-1060 and tractor-trolley Swaraj 855. The recovery memo was signed by Constable Om Parkash and the mechanical examination of the accidental vehicles were got done and on obtaining the mechanic report, statement of the Mechanic under Section 161 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') was recorded. Thereafter, on 06.04.2005, this witness reached Government Hospital, Kaithal and moved an application Ex.PW2/