DHARAM CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of an appeal bearing CRA No.1234 -SB of 2009 titled as Dharam Chand vs. State of Haryana and revision bearing CRR No.156 of 2011 titled as Manjeet Singh vs. Dharam Chand & another, which have arisen out of the same judgment of conviction dated 04.04.2009 and order of sentence dated 06.04.2009 passed by the Addl. Sessions Judge, Bhiwani. Appellant -Dharam Chand had been convicted under Section 307 IPC and Sections 25/54/59 of the Arms Act in FIR No.137 dated 25.07.2008 registered at police station Badhra, Bhiwani. He was sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.2,000/ - for the offence under Section 307 IPC. In default of payment of fine, he was to further undergo imprisonment for a period of one month. He was also sentenced to pay a fine of Rs.2,000/ - for the offence under Section 30 of the Arms Act and in default of payment to fine to further undergo imprisonment for a period of one month.

(2.) THE bare fact of the case may be noticed. Appellant Dharam Chand was a security guard with a private bank. The complainant - Manjeet Singh is his nephew. The incident took place on 24.07.2008 at 5.45 pm. The complainant's mother and his brother's wife Neelam and Rekha were digging grass in the field. The appellant - Dharam Chand along with his family reside in a nearby house. The appellant's wife and her daughters came to the field and started abusing the complainant's mother and bhabi to which the complainant objected. The appellant - Dharam Chand, who was holding his licensed gun, came and shot a fire at Manjeet Singh with an intention to kill him. The appellant was hit in the right eye, nose and lips. The complainant's brother - Sandeep and cousin Raj Kumar came running to the spot. Dharam Chand fled from the place. The complainant was admitted to CHC Kadma from where he was referred to General Hospital, Bhiwani and from there, he was referred to PGIMS, Rohtak. He remained admitted there for 4 -5 days. Thereafter against medical advise, he left the hospital and got admitted in a private hospital at Patiala. The motive projected by the prosecution was that in the morning that day, Dharam Chand was taking out electric equipment from the common tubewell. The complainant's father had objected, on which the appellant had abused his father. A complaint was given to the police on 25.07.2008 at 1.30 pm. On the basis of the complaint, FIR was lodged on 25.07.2008 at 4.00 pm under Sections 307 IPC and 25/54/59 of the Arms Act. The police completed the investigation and filed the challan under Section 307 IPC and Section 27 of the Arms Act. Charge was framed to which the accused pleaded not guilty and claimed trial.

(3.) DR . Yogesh Kumar, Senior Resident Medical College, Agroha - PW -11 had deposed that Manjeet Singh was admitted in PGIMS, Rohtak and he was referred from General Hospital, Bhiwani with bullet injury in the right eye. He was advised evisceration (removal) of eye because there was no hope of vision in the right eye for which the patient was not ready. This fact is mentioned in the short stay file of the patient that he left the hospital of his own.