SUBE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The matrix of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that injured Virender Singh (PW7) son of Duli Chand was running a small hotel (Dhaba). Ram Singh son of Sukhdev (acquitted accused) was also running a small hotel (Dhaba) in front of the hotel of PW7 at Mahendergarh-Narnaul Road. They were nursing a business rivalry/grudge against each other. Accused Ram Singh had suspected that Virender Singh was in the habit of beguiling his customers.

(2.) The case of the prosecution further proceeds that on 25.12.1998 at about 10.00 P.M., appellant-convict Sube Singh son of Laxman (for brevity "the appellant"), Ram Singh and Raju alias Raj Kumar (acquitted accused) had gone to the hotel of Virender Singh. They consumed tea there. After some time, Raju and Ram Singh caught hold of complainant Rohtash son of Ami Chand (for short "the complainant"), who was working there as a helper. Then, appellant Sube Singh gave a knife blow on his left shoulder. In the meantime, Virender Singh had also reached there. Thereafter, the appellant inflicted a knife blow, which landed in his (Virender Singh's) abdomen. They raised noise and cried for help, which attracted Maha Singh (PW8) and Jagmal (PW9), who were sleeping inside the hotel. They came out and rescued him from the clutches of the accused.

(3.) Leveling a variety of allegations and narrating the sequence of events, in all, according to the prosecution that all the accused first caught hold of the complainant and appellant caused a knife blow on his left shoulder. Thereafter, the appellant attempted to murder and caused a knife blow in the stomach of Virender Singh (PW7) with their common intention. In the background of these allegations and in the wake of statement (Ex.PQ) of complainant, the present criminal case was registered against the appellant and Ram Singh & Raju alias Raj Kumar (acquitted accused), by means of FIR No.794 dated 26.12.1998 (Annexure PQ/2), on accusation of having committed the offences punishable under sections 307, 324 and 452 read with section 34 IPC by the police of Police Station Sadar Narnaul, in the manner depicted herein- above.