VIJAY KUMAR ALIAS DHARIYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Pawan Kumar and Vijay Kumar alias Dharyia were named as accused in case FIR No.204 dated 7.12.1995 registered at Police Station City Charkhi Dadri under Sections 307, 307/34 IPC. They were tried by the Court of Additional Sessions Judge-II, Bhiwani, who found them guilty for offence under Section 324/34 and 307/34 IPC. Both the appellants were ordered to undergo rigorous imprisonment for five years and to pay a fine of Rs.500/- under Section 307 IPC, in default of payment of fine, to undergo further rigorous imprisonment. They were also sentenced under Section 324 IPC to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- and in default of payment of fine, to undergo further rigorous imprisonment for one month.

(2.) FIR in the present case was lodged on basis of the statement made by Sunita daughter of Deep Chand. The statement of Sunita was recorded, when a ruqa of the doctor along with M.L.R. was received at Police Station City Charkhi Dadri and thereafter ASI Om Parkash had gone to the Hospital. Statement of Sunita was recorded at Medical College, Rohtak on 6.12.1995 at 10.00 P.M. Statement has been exhibited as Ex.PW11/A, on basis of which FIR Ex.PW5/A was registered. Complainant Sunita was a student of B.A. Ist year at Saraswati College, Dadri. Complainant and her sister Papita were married at Birohad with Jagdeep and Om Parkash. Complainant used to come to College from her in-law's house. The sister of complainant, Papita was having stomach ache and she was brought by the complainant for medical check up. At that time, Pawan younger brother of the husband of Sunita came there along with one young boy called Dhariya. Pawan asked the complainant and her brother Sanjiv that he wanted to talk with them. Then they all went to the Gas Agency owned by one Jagdeep. Jagdeep is the brother of present appellant Pawan. His Gas Agency was situated in front of the Pratap Studio. In verandah of the shops, Pawan shook hand with Sanjiv and gave two knife blows on the left side of stomach of Sanjiv. Another knife blow was given in the left side of the chest and one knife blow was caused on the left knee. When Pawan was causing injuries, Dhariya was holding the hands of Sanjiv. The cause of grudge was that sister of the complainant Papita had filed a divorce petition in the Court at Dadri but matter was compromised due to intervention of the Panchayat. Sanjiv was taken to the hospital, where statement of the complainant was recorded. Report under Section 173 Cr.P.C. was submitted. Case was committed to the Court of Sessions and was entrusted to the Court of Additional Sessions Judge, Bhiwani.

(3.) Appellant Pawan and Dhariya alias Vijay Kumar were charged by the Court of Additional Sessions Judge, Bhiwani for offence under Sections 324/34 and 307/34 IPC for causing injuries to Sanjiv on 6.12.1995.