NARINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) On account of the assault allegedly committed by the petitioner-accused (herein referred as 'the accused), Dilbag Singh injured lost his eye consequently he was prosecuted for the offences under Sections 323, 325, 326 of the Indian Penal Code. Ultimately, vide judgment dated 02/03.09.2003, passed by Judicial Magistrate Ist Class, Rohtak, he was sentenced to undergo rigorous imprisonment for a period of 6 months under Section 323 IPC, rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 500/- under Section 325 IPC and rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 500/- under Section 326 IPC. However, vide judgment dated 05.10.2004, the Appellate Court, while acquitting the accused under Sections 323 and 325 IPC, maintained his conviction and sentence under Section 326 IPC.

(2.) Brief resume of facts apparent from the statement Ex.PA, made by Dilbag Singh injured before ASI Nar Singh (PW3), made in PGIMS, Rohtak, on 08.06.1993, is that on the intervening night of 07/08.06.1993 at about 9:10 p.m. he and Hoshiar Singh (DW1) were altercating over the street water. In the meantime, the accused Narinder (nephew of Hoshiar Singh-DW1) threw a brick from the roof top which hit on his forehead, nose and left eye. Resultantly, he cried "Mar Diya-Mar Diya", which attracted his wife Bhagwani (PW2), who was standing on the door step. On suffering the injuries, Dilbag Singh had fallen on the ground. Thereafter, he was shifted to the hospital by his wife Bhagwani. Both the injuries on his person were subjected to x-ray examination. DDR Ex.PW3/D was recorded at the police station Sadar, Rohtak. Dilbag Singh was medically examined by Dr. Rajesh Saini, Registrar, Eye Department Medical College Rohtak, (PW4) who advised evisceration of the left eye of Dilbag Singh and it was done on 12.06.1993. On x-ray examination of these injuries, fracture of frontal bone of the skull of Dilbag Singh was also noted and injury was found to be grievous in nature. As such FIR Ex.PW5/A was registered after adding the offence under Section 326 IPC. He conducted the investigation and moved application Ex.PW5/B on 24.08.1993 regarding the injury thereupon Dr. Rajesh Saini (PW4) opined vide his report Ex.PW4/B as under:

(3.) The Investigating Officer arrested the accused; recorded the statements of the witnesses and on completion of investigation, the charge report was submitted.