PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The case relates to the injuries suffered by the complainant Sunil Kumar (herein referred as 'the complainant') at the hands of the accused, as a result of which, he lost his left eye.

(2.) This judgment of mine shall dispose of the aforesaid two Revision petition Nos. 385 & 386 of 2000, preferred by Pawan Kumar and Bharat @ Bharat Bhushan petitioners-accused (herein referred as 'the accused') against the judgment dated 08.03.2000, passed by Addl. Sessions Judge, Narnaul, partly allowing their appeals against the judgment dated 23/25.07.1994 convicting and sentencing them to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/- each under Section 323/34 IPC and rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 3,000/- each under Section 325/34 IPC. However, in appeal the sentence under Section 325/34 IPC was reduced to two years and the sentence under Section 323/34 IPC was reduced to six months.

(3.) On 20.05.1990 at about 10/11:00 a.m. when the people of their Mohalla Sarai, near Chokhari temple, Narnaul were busy in filling the earth, the accused Bharat @ Bharat Bhushan came there and asked the complainant to help them in filling the earth whereupon altercation took place between them. However, the matter was pacified with the intervention of the persons, present at the spot. Accused Bharat Bhushan left the place while threatening the complainant to teach him a lesson lateron. Thereafter, in execution of the said threat, on the same day at about 6:00 p.m., when the complainant was sitting near Chokhari temple, the accused Bharat Bhushan armed with hockey and accused Pawan Kumar armed with iron rod attacked the complainant and caused injuries on his head. Accused Bharat Bhushan also caused one injury on his head and other on his forehead near his left eye. The complainant raised hue and cry which attracted Ravi Shankar, Ashok Kumar and Seeta Ram, who rescued and shifted him to Civil Hospital, Narnaul from where he was referred to P.G.I.M.S. Rohtak. Thereafter he was taken to S.M.S. Hospital, Jaipur, for treatment. On the basis of aforesaid statement made by the complainant, FIR was registered. The Investigating Officer visited the spot; prepared the rough site plan of the place of occurrence, recorded the statements of the witnesses and got recovered the hockey and iron rod after arresting the accused. Ultimately, they were challaned.