DAL CHAND @ DALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been filed by Dal Chand alias Dali son of Soni. He was aged 53 years on the day, the impugned judgment was pronounced. The Appellant was named as an accused in case FIR No. 77 dated 26.04.2000 registered at Police Station Chhainsa under Sections 313 and 316 IPC. The Court of Additional Sessions Judge, Faridabad, vide its judgment dated 16th October, 2002, held the Appellant guilty of offences punishable under Sections 313 and 316 IPC and vide a separate order dated 22nd October, 2002, sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2,000/- in default of payment of fine to further undergo rigorous imprisonment for 1 ? years under Section 313 IPC. The Appellant was further sentenced under Section 316 IPC to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 2,000/- in default of payment of fine to further undergo rigorous imprisonment for 1 ? years.

(2.) The facts of the prosecution case can be gathered from the FIR Ex. PF. Devi wife of Daya Chand, aged about 25 years got recorded report No. 5 in the Daily Diary Register on 8th March, 2000. The report has been proved on record as Ex. PD. It is stated therein that on 8th March, 2000, complainant Devi appeared in the Police Station at about 10.00 a.m. and stated that she is a resident of Mohna and does labour work. On the day of occurrence, i.e. 8th March, 2000, at about 9.00 a.m. when she was cleaning the drain in front of her house, accused Dal Chand alias Dali son of Soni started abusing her and stated that she would be taught a lesson for giving beatings to the children. Saying so, he hit the complainant in her abdomen and back with the chain of motorcycle. The accused also gave blows with the motorcycle chain on her legs and hands. Complainant Devi raised an alarm of 'Mar Diya Mar Diya' and on hearing the noise, Pappu son of Samma and Sanjay, nephew of the complainant, were attracted to the spot. They rescued the complainant from the hands of accused, otherwise more injuries would have been caused to her.

(3.) The Appellant was tried along with his brother Mohran and wife Lachho. The trial Court has acquitted Mohran and Lachho.