JUDGMENT :

YASHVIR SINGH RATHOR , J. 

1. This appeal is directed against the judgment dated 01.11.2004 passed by the Court of Additional Sessions Judge, Chandigarh in FIR No.77 dated 25.02.2000 under Sections 307/34 of IPC registered at Police Station Sector 39, Chandigarh vide which appellants Banwari Lal, Tinku @ Johan Lal and Bittoo @ Sohan Lal have been held guilty and convicted for the offence under Sections 323, 323/34 and 307/34 of IPC and sentenced to undergo imprisonment as under:-

All the sentences have been ordered to run concurrently.

2. The present case was registered on the basis of statement Ex.PA given to the police by Rajinder Kumar son of Bali Ram, resident of House No.723/1, Sector 38-A, Chandigarh with the allegations that he alongwith his mother and brother is living at the aforesaid address. House of accused Banwari Lal exists in front of his house, who is rearing hens at his house. Common stairs exist for both the houses. On 23.02.2000 at about 08:00 AM, his brother Sunil Kumar was going to drop his son to the school when he found hen droppings in the staircase on which he asked the sons of Banwari Lal as to why they do not clean the hen droppings. Thereafter, when he was starting the scooter, Banwari Lal and his three sons namely Bittoo, Sonu and Tinku started beating him. Banwari Lal was armed with a thapi (wooden instrument used for washing clothes) while Tinku was armed with a danda of the shape of hockey. Banwari Lal and Tinku caused injuries in his head with the thapi and hockey while Sonu caused injuries to him with fist and slap blows and Bittoo caused injuries to him with bricks. When his elder brother Pappu tried to rescue him, Banwari Lal and Tinku caused injuries to him on his head with thapi and danda, as a result of which, he fell on the ground. When he went to rescue his brothers, Bittoo hit a brickbat at him and Banwari Lal caused injury with the danda in his leg. His wife Renu and one neighbour Shiv Sahay Gupta came there and rescued them and thereafter, someone informed the police on which police arrived at the spot. Blood was oozing out from the head of his brother Sunil Kumar and he had fallen unconscious and police took Sunil Kumar as well as Pappu to PGI, Chandigarh for treatment and he sought action against the accused persons. After registration of the case, the investigation was handed over to SI Udey Pal Singh. MLRs of the injured were collected. Rough site plan of the place of occurrence was prepared. Statements of witnesses under Section 161 Cr.P.C. were recorded. Accused were arrested and after completion of investigation, challan was presented against accused Banwari Lal, Tinku @ Jogan Lal and Bittoo @ Sohan Lal. However, Mohan Lal @ Sonu was below 16 years of age and inquiry against him was separated.

3. After presentation of challan, the copies of challan and other documents were supplied to the accused free of cost as required under Section 207 of Cr.P.C. Thereafter, the case was committed to the Court of Sessions for trial.

4. After hearing learned Public Prosecutor and learned Defence counsel, the accused were charge-sheeted for the commission of offences punishable under Sections 307/323 read with Section 34 of IPC vide order dated 21.09.2000 by the trial Court for causing injuries to the complainant to which accused pleaded not guilty and claimed trial.

5. In support of its case, the prosecution examined twelve witnesses namely Rajinder Kumar as PW1, Shiv Sahay Gupta as PW2, Pappu as PW3, Dr. Shivka Malhotra as PW4, Dr. Rajwinder Jit Singh as PW5, Sub Inspector Balkar Singh as PW6, Constable Yash Pal as PW7, H.C. Baldev Singh as PW8, Sunil Kumar as PW9, Sub Inspector Ved Parkash as PW10, Dr. Saroon Salaria as PW1l and Sub Inspector Udey Pal Singh as PW12.

6. Thereafter, statements of accused under Section 313 of Cr.P.C. were recorded and the entire incriminating material was put to them which was denied by them to be wrong. In their defence, accused have examined Bimla as DW1