KUKU @ SATISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 29/30.5.2003 passed by Sh. Inderjeet Mehta, Additional Sessions Judge, Jhajjar, vide which the present accused appellant Kuku @ Satish has been convicted under Section 324 IPC and sentenced him to undergo rigorous imprisonment for a period of 1 year and to pay fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months.

(2.) The case of the prosecution as enumerated from the record is that complainant Rajender had borrowed an amount of Rs. 2,000/- from one Surender s/o Mangtu and he had arranged the said money from Shakuntla. The borrowed amount was paid back by the complainant to said Surender but Surender instead of handing over the same to Shakuntla utilised the same himself. On 25.9.1998 Shakuntla accompanied by accused Kuku @ Satish visited the shop of Nanhu Ram, brother of the complainant, where the complainant was working as sweet maker. Both the accused Shakuntla and Kuku @ Satish demanded the amount. The complainant told them that he had already paid back the amount to Surender, accused Shakuntla asked Kuku to pour boiling ghee on him and thereafter accused Kuku at her instigation poured the ghee from karahi (pan) on the complainant, which resulted in burn injuries to the complainant over the left portion of his body and both the hands and feet. At that time brothers of the complainant, Harish and Nahnu Ram were present in the shop. Thereafter, both the accused ran away. On the basis of the complaint, the present case was registered.

(3.) Charge under Sections 307 IPC was framed against accused Kuku @ Satish. Shakuntla was summoned under Section 319 Cr.P.C. and fresh charge was framed under Section 307 IPC against both the accused, to which they pleaded not guilty and claimed trial.