MUKESH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Mukesh s/o Randhir Singh and Raj Kumar s/o Kameli have directed this appeal against the judgment and order dated 3/5.9.2003 passed by Sh. J.S. Jangra, Additional Sessions Judge, Sonepat, vide which they have been convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for a period of four years and to pay fine of Rs.3,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) The law was set in motion by recording the statement of injured complainant Raj Kumar who has stated that his sister Kavita was a student of Class XII in Government Girls School, Ganaur. On 24.8.1999 she told him that accused Mukesh s/o Randhir and Raj Kumar s/o Kameli used to tease her on the way after school hours. Thus after knowing this fact, on the next day at about 1.00 p.m. the complainant was proceeding towards the school through Jain street. When he reached near turning of the school both the accused were found standing there. The complainant enquired from them about the harassment of his sister by them. Mukesh accused caught hold of the complainant while accused Raj Kumar after bringing a knife from his pocket stabbed into his stomach. The complainant raised a noise and after hearing the same Mukesh s/o Lakhi Ram reached the spot and he rescued the complainant from the grip of accused. After that the accused ran away from the spot.

(3.) After investigation challan was presented against the accused. Copies of the documents were supplied to the accused as provided under Section 207 Cr.P.C. Charge under Sections 307 read with Section 34 IPC was framed against the accused to which they pleaded not guilty and claimed trial.