HANS RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated April 22, 1989 passed by the Additional Sessions Judge, Hisar, whereby the appellant Hans Raj was convicted under Section 307, Indian Penal Code, and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 400/-. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for six months.

(2.) Briefly, the case of the prosecution is that Smt. Bimla Devi was married to accused Hans Raj in the year 1975. She remained with him upto 1980 and thereafter the accused started maltreating her and she left his house and started living with her parents in village Baropal. It has been stated by her that earlier she was posted as a Peon in village Bhodahushnak and in 1983 she was transferred to Kanya School, Baropal. In 1985-86 the accused came to village Baropal and threatened her that he would get her kidnapped. An application in this respect was also moved by her father.

(3.) It is alleged that an October 3, 1988 at about 5 P.M. Bimla Devi along with her brother Sant Lal was returning from their fields to village Baropal. She was ahead of her brother by 8 paces. When she had just crossed Ramdev temple situated in the village, the accused was found hiding by the side of the temple. On seeing her, he came out and asked her to stop. Thereafter the accused fired a shot from the pistol, aiming at her, but she fell down on the ground immediately and, therefore, she did not receive any fire-arm injury. As the accused wanted to kill her, he re-loaded the pistol. However, in the meantime, her brother Sant Lal over-powered the accused. Her cousin Bir Singh also reached the spot. Sant Lal and Bir Singh caught hold of the accused along with the pistol.