HARINDER YADAV Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) The epitome of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that appellant-convict Harinder Yadav son of Ram Partap Yadav(for brevity "the appellant) used to deal in selling sugarcane juice on his Hand-cart(Rehri), whereas complainant-Rajinder Kumar son of Raghu Parshad(for short "the complainant") was dealing in selling Jalzeera on his Hand-cart(Rehri) in Sector 29, Chandigarh. On 26.04.2000 at about 10.00 PM, the complainant was going to sleep near the Hand-cart(Rehri) in his house in Sector 30, appellant Harinder Yadav came there. The complainant demanded Rs. 10/- as sale price of ice from him. He(appellant) replied that he will return the money on the next day. Both of them exchanged hot words and then the appellant went away from the spot.

(2.) The case of the prosecution further proceeds that during the night at about 12.45 AM, as soon as the complainant was sleeping, in the meantime, the appellant came there armed with an axe(kulhari), awakened the complainant and told that he will teach him a lesson for demanding(Rs. 10/-) the price of ice. The complainant asked him to leave the place and pay him Rs. 10/- in the morning. At this, the appellant gave an axe(kulhari) blow, which landed on his forehead. He tried to give another blow, which struck on the wrist of his(PW4) right hand. The blood oozed out from the injuries. He raised the noise, which attracted his brother Rakesh Kumar(PW5). He reached the spot and rescued him from the clutches of the appellant. The appellant was stated to have threatened the complainant with dire consequences and decamped from the place of occurrence with his weapon. In all, according to the prosecution, the appellant attempted to commit murder of the complainant and caused injury on his forehead and wrist of his right hand with his axe(kulhari). In the background of these allegations and in the wake of statement(Ex.PH) of the complainant, the present criminal case was registered against the appellant, vide FIR No.86 dated 26.04.2000 (Ex.PK/1), on accusation of having committed the offences punishable under Sections 324, 307 and 506 IPC, by the police of Police Station Industrial Area, Chandigarh, in the manner depicted here-in-above.

(3.) After completion of the investigation, final police report (challan) was submitted by the police against the appellant to face the trial for the pointed offences.