RADHEY SHAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) RADHEY Sham has appealed through jail against the judgment and order dated 23.10.1990, passed by Sh. RC Banasal Addl. Sessions Judge, Karnal vide which he was convicted and sentenced as under:

(2.) THE prosecution story, briefly narrated, is to the effect that Shrimati Raj Kumari, injured P.W., owed some money to the appellant. On 30.6.1989, she accompanied by her mother, Smt. Thakari Bai, Complainant, was returning to Mahilla Asharam, Karnal where they both were living. The appellant made a demand for the amount due, but she showed her inability to pay the same forthwith and sought time. However, the appellant insisted on prompt payment. He then bought out a dagger (chhura) and attacked Smt Raj Kumari, causing injuries to her. On alarm raised by Smt Raj Kumari and his mother, Smt. Thakari Bai, P.W. Badal Dass was attracted to the spot. He saw a part of the occurrence. Meanwhile, Smt Kiran Bala supervisor of the Mahilla Ashram also came to the spot and she was apprised of the fact that the appellant had caused injuries to Smt Raj Kumari. The injured was then removed to the General Hospital, Karnal where the doctor advised her removal to the Medical College and Hospital Rohtak. She was, however, taken to Sanjiv Hospital Karnal. The Medical Officer who had attended on her, sent intimation to the Police which brought ASI Parkash Chand. The injured was, however, declared unfit to make a statement. On the next day, Smt Thakari Bai P.W. made her statement Ex. PH which forms the basis of the F.I.R.

(3.) DR Rakesh Mittal who examined Smt Raj Kumari, described the injuries on her person as follows: