RAKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant against the judgment of conviction dated 24.08.2004 vide which they were convicted for having committed offence punishable under Section 308 IPC read with Section 34 of the Indian Penal Code (for short 'IPC') and order of sentence dated 25.08.2004 vide which they were sentenced to undergo rigorous imprisonment for a period of two years for having committed the offence punishable under Section 308 IPC read with Section 34 IPC.

(2.) The facts as put forth by the prosecution are to the effect that on 05.05.2003 at about 09:30 P.M., Dev Raj (complainant/injured) was returning back to his house after attending the marriage in B.D. Hall, Karnal. Sanjiv was accompanying him. When they reached Banso Gate, Karnal, the appellants met the complainant and stopped him. Appellant No. 1-Rakesh Kumar was armed with sword and asked the complainant as to why he had entered into a quarrel with his servant Sunil Kumar (appellant No.-3). An altercation took place between them. Vikki and Sunil Kumar (appellants No. 2 and 3) caught hold the complainant, inflicted fist blows, whereas, Rakesh Kumar (appellant No. 1) made an attempt to inflict injury on the neck with the help of sword. However, the complainant took a sudden turn and sword blow landed on his back, causing injury. Sanjiv intervened and rescued the complainant from the clutches of the appellants and he fell unconscious. The matter was reported to the police on 07.05.2003 on the basis of a complaint submitted by Dev Raj and on the basis thereof, FIR has been registered.

(3.) On completion of investigation, challan was presented in the Court. As the offence under Section 308 IPC was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions.