HARDWARI LAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the Judgment and Order on Sentence, both dated 30. 10. 2009 whereby the appellant was convicted under Section 307/34 of IPC and was sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 1,000/- or to undergo simple imprisonment for one month in default.

(2.) THE case of the prosecution is that on 07. 11. 1996, at about 8:30 p. m. , complainant Sarabjeet Singh, accompanied by his mother Smt. Joginder Kaur was going to Rani Bagh in a cycle rickshaw. When they reached near a railway crossing, they found the railway crossing closed. One boy came from behind the rickshaw and gave a hand on the ear of his mother. When he prevented him, the boy started running towards trees. The complainant chased him. After some distance, 2-3 companions of that person caught hold of the complainant. One of them gave a knife blow on the left side of his chest whereas the other one gave a blow on his back. The assailants ran away after causing injury to him. He was brought to the hospital and was admitted there.

(3.) THE case of the prosecution is that appellant Hardwari Lal is the person who had given knife blow to the complainant.