DILBAGH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) DILBAGH Singh son of Maha Singh is the petitioner -herein. He was convicted under Sections 326/324 I.P.C. by learned Sub Divisional Judicial Magistrate, Mahendergarh vide judgment dated May 10, 1989 and was sentenced to undergo simple imprisonment for one year under section 324 I.P.C. and simple imprisonment for three years under section 326 I.P.C.. He then filed appeal in which his conviction and sentence was maintained by the impugned judgment of learned Additional Sessions Judge, Narnaul dated 7.6.1991.

(2.) IN short, the prosecution case is that on 27.6.1985 Chum Lal complainant lodged a report with the police alleging therein that on 25.6.1985 his daughter Kamlesh, was studying at the house of Dev Karan, her class fellow. Dilbagh petitioner abused her. The complainant had reprimanded the mother of her petitioner for the same. On 26.6.1985, while the complainant was passing in from of the house of the petitioner, he was abused by the latter. Chuni Lal called a panchayat but the petitioner did not attend the same.

(3.) IT is then the case of the complainant that on 27.6.1985 around 5.30 P.M., when Mukesh, aged about 8/9 years, was going to his Guvanda, for bringing his buffalo, he was stopped by the petitioner and was given axe blows, causing injuries on the right hands and right arm pit. On alarm being raised, the complainant and his son -Hawa Singh alongwith Jai Singh and Bharat Singh reached the spot and rescued Mukesh from the clutches of the petitioner. The injured was got medico legally examined.