PARVEEN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is the judgment dated 21.07.2003 and order dated 22.07.2003 passed by Sh. L.N.Jindal, Addl. Sessions Judge, Panchkula, vide which the accused-appellant has been convicted for the commission of offence under Sections 324 and 452 IPC and sentenced him to undergo rigorous imprisonment and to pay a fine as under:- <FRM>JUDGEMENT_543_LAWS(P&H)10_2013_1.html</FRM>

(2.) The case of the prosecution as enumerated from the record is that on 30.08.2000 statement of Swaran Singh injured was recorded who has stated that he is a labourer by profession. On that day he was present at his house. At about 2.15 P.M. Chandu accused, who resided in Ratpur Colony itself, came to his house and asked him to accompany him to the shop. However, complainant refused to go with him. Thereafter, at about 2.30 P.M. Parveen Kumar accused who is a neighbourer of the complainant, came to his house and asked him as to why he had not accompanied Chandu accused. Upon this, the complainant explained that he was not in knowledge of the fact that he is called by accused Parveen kumar.

(3.) Accused Parveen Kumar sat there for some time and asked the complainant as to why he teased his sister. The accused Parveen Kumar continued to talk to the complainant. Thereafter, accused Parveen Kumar tried to give a danda blow to the complainant, which was averted by the complainant. Accused Parveen Kumar took out a knife and gave knife blows to the complainant on his chest in the left side, left elbow and left shoulder. The complainant raised noise which attracted his father and sister-in-law (bhabhi) Smt. Rakhi wife of Manjit, to the spot. The father and sister-in-law of the complainant tried to catch hold of Parveen Kumar accused but he fled away saying that the complainant had been saved on that day but he would be killed on some other day. The complainant was taken to the Civil Hospital, Pinjore, from where he was referred to the PGI, Chandigarh. On the basis of the statement of Swaran Singh (complainant) formal FIR was registered and accused were arrested.