PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal directed by Pawan Kumar one of the accused -appellant against judgment dated 31.03.2003 passed by Sh. Vinod Jain, Addl. Sessions Judge, Rohtak vide which the accused has been convicted for the commission of offence under Section 324 IPC and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of six months. Briefly, stated Satyawan son of Raj Singh and Pawan Kumar son of Randhir Singh appellant -accused have been sent to stand trial for the alleged commission of offence punishable under Sections 307, 324 read with Section 34 IPC in respect of FIR No. 201 dated 21.03.2003, Police Station City Rohtak.

(2.) THE law was set in motion by recording the statement of Bharat Bhushan injured who has stated that he was appearing in 10+2 annual examination on 21.03.2002 at about 12.00 noon, he alongwith his friend Vinay was coming back towards his house after getting tuition from Khanna Public School, Rohtak and when they reached near Pooja Kitab Ghar in Indira Market, 3 -4 boys were standing there. By chance, Bharat Bhushan touched shoulder of one of those boys who lost temper. Bharat Bhushan said that it was not intentional. Whereupon, one of those boys namely accused Pawan -appellant, who is also known as Poni as a student of 10th class in Vaish High School, Rohtak gave knife blow on head, back and on his right hand. He was caught hold by two or three companions who gave him fist and slap blows. Bharat Bhushan raised alarm Mar Diya -Mar Diya on which nearby shopkeepers alongwith Vinay rescued him from the accused persons. Thereafter, Sukhdev Singh elder brother of father of injured was informed, injured was taken to PGIMS Rohtak for medical treatment. On the basis of which formal FIR was registered. After completion of the investigation challan was presented against the accused in the Court.

(3.) THE prosecution in order to prove its case examined PW1 Krishan Kumar, Record Keeper of PGIMS, Rohtak, PW -2 Dr. Ajay Gulati, PW -3 Dr. Subhash Chander, PW -4 official Draftsman C. Samit Kumar, PW -5 HC Dharam Singh, PW -6 Inspector Jai Singh, PW -7 HC Ram Kumar, PW -8 EHC Jagbir Singh, PW -9 ASI Ram Niwas, PW -10 SI Pitanjali Kumar, PW -11 HC Ranbir Singh, PW -12 HC Dilbag Singh, PW -13 complainant -injured Bharat Bhushan, PW -14 Eye witness Vinay, PW -15 Suresh Kumar, PW -16 Investigating Officer ASI Raj Singh and PW -17 Dr. Sanjeev Parshad and closed the prosecution evidence.