RAJESH KUMAR Vs. STATE OF HARYANA & ANR.

JUDGEMENT

(1.) The present criminal revision petition is directed against the impugned judgment dated 12.06.2012 passed by the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, thereby upholding the conviction of the petitioner, for the offence under Sec. 326 Penal Code recorded by the learned Additional Chief Judicial Magistrate, Jagadhri, vide judgment dated 05.12.2011. However, the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, modified the sentence awarded by the learned trial Court reducing the same from three years to one year, as the parties, in the meantime, had amicably settled the dispute.

(2.) The facts of the case, when put into narrow compass are that on 02.12.2003, complainant Ujaggar Singh had come to village Gadi to attend a marriage, where Rajesh Kumar son of Ram Sarup was under the influence of liquor. The accused abused the complainant and chew his right hand finger because of which portion of finger was amputated. He was rescued by Kuldip Singh son of Chhajja Singh and was got admitted in Gaba Hospital as Yamuna Nagar . The accused had also taken away the purse of the complainant which was containing Rs.span 3500.00. On receiving this information, a case under Sec. 326 Penal Code was registered against the accused-Rajesh Kumar-petitioner herein. The accused was put under arrest. Investigation was carried out. Thereafter, the report under Sec. 173 Crimial P.C. was presented before the learned court of competent jurisdiction.

(3.) The prosecution, with a view to prove its case, examined as many as 5 PWs. Statement of the accused was recorded under Sec. 313 Crimial P.C. who denied all the allegations and pleaded false implication. The accused examined three DWs and thereafter closed his defence evidence. After hearing the parties and perusal of the record, the learned trial Court recorded the conviction of the petitioner vide its judgment dated 5.12.2011. Consequently, the petitioner was sentenced to undergo rigourous imprisonment for a period of three years and to pay a fine of Rs.span 3000.00 for the offence under Sec. 326 Penal Code and in default of payment of fine, accused-petitioner was ordered to further undergo rigourous imprisonment for a period of four months.