SULTAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE facts required to be noticed for the disposal of this appeal are that a case was registered against the present appellant under Sections 376 and 506 of the Indian Penal Code. He was convicted and sentenced vide judgment/order dated 23.1.1999/ 25.1.1999 as under: Under Section R.I. for seven years and fine of 376 Indian Penal Rs. 5000 and in default of payment Code of fine, to further undergo RI for one year. Under Section R.I. for one year and fine of 506 Indian Penal Rs. 500 and in default of payment of Code fine, to further undergo RI for one month.

(2.) AGGRIEVED against the said judgment/order, the appellant has knocked the door of this Court through the present appeal.

(3.) CHARGE-sheet was framed against the appellant to which he did not plead guilty and claimed trial. In order to prove its case, the prosecution examined 10 witnesses. The accused was examined under Section 313 CrPC wherein he denied the allegations levelled against him and pleaded his false implication. He took the stand that he had been working as labourer in the field of Didar Singh for the last more than two years. While he was spraying pesticide in the field, he became unconscious and was got admitted in the Hospital and was discharged after 10-12 days. At that time, Didar Singh had spent Rs. 12,000 on him and he was demanding that money and on his refusal to pay the same being a poor person, he was falsely implicated in this case in connivance with the prosecutrix. He also examined Balbir Singh as DW1, Kapoor Singh as DW 2 and Harminder Singh as DW 3 in his defence.