RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 8/9.5.2003 passed by Sh. Ashok Bhardwaj, Additional Sessions Judge, Kurukshetra, vide which the accused appellant Raj Kumar has been convicted under Sections 307, 326 and 324 IPC and sentenced to undergo imprisonment and fine as under:- u/s 307 IPC To undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 6 months. u/s 326 IPC To undergo rigorous imprisonment for a period of 4 years and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 4 months. u/s 324 IPC To undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 2 months. However, all the sentences were ordered to run concurrently.

(2.) The law was set in motion by recording the statement of Raj Kishan injured by ASI Piara Singh on 3.5.1996 at 2.15 P.M. Complainant injured Raj Kishan has stated that he is resident of village Yara and used to deal in the business of sale and purchase of cattle. On 2.5.1996, his son Parveen Kumar, who is student of 10 th class was playing with some other children in front of the milk dairy of the accused Raj Kumar. Raj Kumar slapped his son Parveen Kumar on the pretext that he had been creating nuisance. Parveen Kumar came back but had not narrated the occurrence to him. On 3.5.1996, on the day of occurrence, one Babu Ram a resident of the same village told him that his son Parveen Kumar was given beatings by Raj Kumar. The complainant alongwith his son Parveen Kumar went to the shop of Raj Kumar to lodge his protest. Raj Kumar accused was found present in front of his shop near a Burji. The complainant asked as to whey he has given beatings to his son, who was of younger age. Raj Kumar picked up a can containing acid and threw the same upon complainant Raj Kishan. Amit Kumar accused arrived there, who caught hold of him and exhorted accused Raj Kumar to finish the job. Raj Kumar again poured acid upon him.

(3.) The complainant asked his son Parveen Kumar to run away but when his son Parveen Kumar tried to run away, accused Raj Kumar again threw acid upon Parveen Kumar as well as upon the complainant. The occurrence was witnessed by Yashpal who was present outside the shop. The complainant raised the alarm which attracted some persons at the spot. Raj Kishan and Parveen Kumar went to the house of Sarpanch, who took them to Government Hospital, Babain, from where they were referred to Civil Hospital, Kurukshetra. Raj Kumar filed complaint under Sections 323, 441, 447 and 506 IPC read with Section 34 IPC against Raj Kishan and Parveen Kumar alleging that both Raj Kishan and Parveen Kumar had come to his shop. Raj Kishan inflicted injuries upon Raj Kumar. He tried to put acid upon Raj Kumar appellant.