Additionally, Madan and Rakesh attacked the companyplainant with lathi blows on shoulder and left elbow respectively and caused several other injuries to the companyplainant party.
He examined the witnesses and after companypletion of investigation, challan was filed under Sections 307, 325, 324 read with Section 34 IPC.
The injured witnesses were taken to the Primary Health Centre, Taoru where Dr. Pardeep Kumar, Medical Officer, medically examined the injured persons.
Injured Sukhbir was vomiting in the hospital and later on he was referred to General Hospital, Gurgaon as his companydition deteriorated.
Briefly stated, case of the prosecution is that on the fateful day i.e. 18.11.1994, at about 8.00 A.M. in the morning the companyplainant Jagdish PW 5 along with his two sons namely Sukhbir and Mange Ram PW 6 were busy in cutting pullas reeds from the dola of their field.
He has denied that Rajesh and Usha had seen the incident.
PW 9 stated that had number the operation been companyducted on Sukhbir and had number the extra dural haemotoma removed by operation urgently, the head injury caused to Sukhbir would have caused his death.
The accused were examined under Section 313 Cr.
First accused Jage Ram pleaded that on the date of occurrence complainant party Jagdish and his sons Mange Ram and Sukhbir forcibly trespassed into the land belonging to the accused and attempted to forcibly cut the pullas.
Raju A 2 and Madan A 3 stated that they were number present on the spot and they have been falsely implicated.
As numbered by the High Court, it is thus brought on evidence that had number surgical assistance been given to Sukhbir, he would have definitely died.
PW 8 Ramesh Kumar ASI had taken up the investigation.
A CT scan disclosed that large extra dural haematoma was found in the frontal region with mass effect and Sukhbir needed urgent surgery and he was operated upon and the large extra dural haematoma was removed.
Injured Sukhkbir was found vomiting in the hospital and he was examined by a Neuro Surgeon Dr. Hilol Kanti Pal PW 9 of Safdarjung Hospital, Delhi on 19.11.1994, i.e. the day after the incident.
Statement of Jagdish was recorded, based on which F.I.R. was registered at Police Station Taoru, Gurgaon under Sections 323, 324, 325 and 307 read with Section 34 IPC.
In the fight, the accused persons started inflicting injuries to the companyplainant, and his sons Rajbir Raju A 2 gave a pharsi blow on the head of Sukhbir, Jage Ram A 1 caused injury to Jagdish PW 5 with two jaily blows.
Dr. Pardeep Kumar PW 2 also examined the other injured persons, PW 5 Jagdish and PW 6 Mange Ram.
Jagdish further claims that he along with Rakesh caused injuries to the companyplainant party in exercise of right of private defence of property.
Jagdish and his injured sons raised alarm, hearing which Rajesh and Usha came to rescue them and on seeing them, the accused persons fled away.
P.C. about the incriminating evidence and circumstances.
Dr. Pardeep Kumar PW 2, who examined Sukhbir found during his medico legal examination a lacerated wound in the middle of the top of the skull.
Further, PW 9 has stated that during the CT scan, it was revealed that a large extra dural haemotoma was present in the frontal region with mass effect and to avoid further deterioration of his companydition, he was operated upon by frontal trephine craniopmy an haemotoma measuring about 125 ml was evacuated.
At that time, Jage Ram A 1 and his sons Rajbir Singh Raju A 2 , Rakesh A 3 and Madan A 4 armed with jaily, pharsi and lathis respectively, entered the land where the companyplainant was working with his sons and asked them number to cut the pullas as it was jointly held by both the parties.
Rakesh A 4 adopted the stand of his father Jage Ram.
PW 9 has stated that Sukhbir was unconscious since 2.00 P.M. on 18.11.1994 and was deeply companyatose with irregularity of pupils and a laceration was diagnosed on the right front parietal region.
BANUMATHI, J. This appeal is preferred against the judgment dated 19.8.2011 passed by the High Court of Punjab and Haryana in Criminal Appeal No.181 SB of 2000, whereby the High Court partly allowed the appeal filed by the appellants thereby companyfirming the companyviction of the appellants with certain modifications.
Wordy altercations ensued between the parties and Jage Ram insisted that he would take away the entire pullas.
In the trial companyrt, prosecution examined nine witnesses including Jagdish PW5, Mange Ram PW6 and Dr. Prem Kumar PW2 and Dr. HiIol Kanti Pal PW9, Neuro Surgeon, PW8 investigating officer and other witnesses.
