MADAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Madan Singh accused appellant has directed the present appeal against the judgment and order dated 26.05.2003 passed by Shri A.S.Narang, learned Additional Sessions Judge, Karnal vide which accused/appellant stood convicted under Section 326 of the IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.25,000/- and in default thereof to undergo further rigorous imprisonment for a period of two years.

(2.) The case of the prosecution is that on 23.8.1999 a VT was received from police station Model Town, Panipat at the police post to the effect that Telu Ram was admitted in General Hospital, Panipat in injured condition. At this HC Bajinder alongwith Constable Dharambir reached police post bus stand, Panipat and after obtaining ruqa from doctor reached General Hospital, Panipat. However, at the General Hospital, Panipat, the doctor opined that the injured had been referred to PGI Rohtak. HC Bajinder Singh came to know from General Hospital, Panipat that the injured had not been taken to PGI Rohtak and he had been got admitted at Hyderabadi Hospital, Panipat. HC Bajinder Singh alongwith Constable Dharambir Singh reached Hyderabadi Hospital and moved an application to the doctor to opine about the condition of the injured. The doctor opined that injured was unfit to make the statement. Brother of Telu Ram namely, Pritam Singh was present there and accordingly, HC Bajinder recorded the statement of Pritam Singh complainant, who stated that he was resident of village Chulkana and was an agriculturist. Telu Ram injured is his younger brother. Telu Ram owned a Maruti car which he used to ply as taxi. On that very day at about 9.30 a.m., he alongwith his brother Telu Ram had left village Chulkana in the Maruti car of his brother. At about 10.00 am they reached the old bus stand of Samalkha. His brother Telu Ram had parked the Maruti car at the taxi stand and they had started conversing with each other near the shop of Monu. At about 10.30 a.m., the accused came there on his motorcycle and he parked his motorcycle in front of Aneja Hospital. Accused raised Lalkara that Telu Ram be taught a lesson. Saying this accused took out a knife from under his shirt and gave a knife blow to Telu Ram on the left side of his waist. The knife hit on the shoulder of Telu Ram. Accused gave another blow to Telu Ram. Telu Ram turned all of a sudden and the knife hit on his stomach. Complainant raised cries. On hearing cries, Joginder s/o Jagdish and Rajinder Singh son of Chhaju Ram of village Chulkana came there. Both of them rescued Telu Ram from the clutches of the accused. Accused fled away with his knife. The injured was shifted to General Hospital, Panipat by Rajinder and Joginder in the Maruti Van.

(3.) The trial Court framed charge under Section 307 IPC against the accused to which he pleaded not guilty and claimed trial.