SUDAMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction dated 29.07.2003 and order of sentence dated 31.07.2003 passed by Shri B.L.Singal, Sessions Judge, Sonepat, vide which the accused/appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of 03 years and to pay fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under Section 333 of the Indian Penal Code (in short "the IPC"); he is further convicted under Section 332 IPC and sentenced to undergo rigorous imprisonment for a period of one year ; he is further convicted under Section 353 IPC and sentenced to undergo rigorous imprisonment for a period of six months. However, all the sentences were ordered to run concurrently.

(2.) Shorn of unnecessary details as gathered from the record are that the law was set in motion by recording the statement of Sukhbir Singh, who has stated that he was employed as ALM in Haryana Vidyut Prasaran Nigam Limited (HVPNL). He along with Dinesh was on duty in the area of village Kheri Taga and Shahpur. On 10.12.2000, complainant was on duty and at about 4.00 PM he was going to Ganaur for his office from village Shahpur on his cycle. When he reached near the tubewell of Devender Singh, Devender called him to his tubewell by giving him voice. He parked his cycle and started towards the tubewell kotha. When he reached in front of the tubewell kotha, one young person came out of the kotha armed with a lathi and assaulted him at once. He gave one lathi blow which hit on the forehead of complainant whereas, two lathi blows hit on the ankle of right leg. The complainant fell down. The assailant asked Devender to throw the complainant in the tubewell hose but Devender did not permit him to do so. He arranged for the tractor from the nearby field and removed the injured/complainant to Bhatia Hospital, Ganaur. Later on it was found that Sudama s/o Chandgi Ram (present appellant) had inflicted injuries on the person of complainant. He was arrested and investigation was carried out. After completion of investigation, challan against the accused was presented in Court.

(3.) Copies of challan, as envisaged under Section 207 Cr.P.C were supplied to the accused, free of costs. Charge under Sections 332/333/353 IPC was framed against the accused to which the accused pleaded not guilty and claimed trial.