RAGHBIR SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 17/20.5.2003 passed by Sh. Kamal Kant, Additional Sessions Judge, Fast Track Court, Kurukshetra, vide which the accused appellants have been convicted under Section 307 read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for a period of 7 years each and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) Shorn of unnecessary details, the brief facts of the case are that Gulab Singh complainant made statement to the police that on 22.8.2000 after leaving his brother on the tea shop, he was going along the bank of canal and when after covering the distance of about acres, he reached towards North-East at the canal, he heard the cries of 'Bachao-Bachao'. He saw that two boys were stabbing a boy and on seeing him, both the boys fled away from the place of occurrence alongwith their knives. He visited the injured and on being asked injured told his name as Nathu Ram r/o village Khanpur Kolian. Nathu Ram further disclosed to him that on that day, he alongwith accused Pappu @ Hardwari s/o Prem and Raghbir both residents of Khanpur Kolian had visited Kurukshetra. Pappu and Raghbir owed Rs. 20,000/- to him. Nathu Ram was agent of the committee. Pappu and Raghbir did not want to make the payment of their installments of the committee. When he demanded the installments from them they took him to the field at Dhand Road near the bridge of canal on the pretext of giving his installments and on reaching there they gave him blows with knives on his neck and cheeks. Thereafter, injured Nathu Ram was taken by the complainant to Lok Nayak Jai Parkash Hospital, Kurukshetra, where he was admitted.

(3.) After completion of the investigation, challan was presented against the accused. Copies of the documents were supplied to the accused as per rules. The case was committed to the Court of Sessions. Learned Additional Sessions Judge, framed charge under Section 307 read with Section 34 IPC against both the accused, to which they pleaded not guilty and claimed trial.