SATENDER @ SATTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal directed by the accused convict against the judgment and order dated 4.2.2003 passed by Sh. S.C. Goyal, Additional Sessions Judge, Faridabad, vide which the accused has been convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 10,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 1 years and he has also been convicted under 506 IPC and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 22 days. SHO Police Station Mujessar, had sent accused Satender @ Sattu to stand trial under Sections 326, 307 and 506 IPC vide FIR No. 313 dated 15.10.1998.

(2.) The case of the prosecution, in brief is that Tek Chand complainant made a statement that he is resident of NIT Faridabad and is Pardhan of Sabji Mandi, Dabuwa Colony Faridabad. His brother Chokh Raj owns a three wheeler and ply the same from Bata Chowk to Dabuwa Colony. On 14.10.1998 at about 3.00 P.M. he boarded the three wheeler of his brother from Bata Crossing and they were going to their house. When his brother was just going to pick up passengers from three wheeler stand, Satender @ Sattu s/o Joginder Singh r/o Dabuwa Colony, Faridabad accused, alleging himself President of three wheeler stand started abusing him. When his brother asked him not to abuse him, Satender @ Sattu took out a knife from his socks and gave a blow of the same to his brother Chokh Raj, due to which his brother fell down. Satender further threatened his brother to kill if he took passengers from the stand. Meanwhile, Satbir Singh s/o Raghubir Singh, who witnesses the occurrence came there. The complainant alongwith him took his brother to B.K. Hospital, Faridabad and from there he was referred to Safderjang Hospital, Delhi. But the complainant got his brother admitted in Escorts Medical Centre, Faridabad. Formal FIR was registered on the statement of the complainant. Site plan of the place of occurrence was prepared. The accused was arrested and the weapon of offence was taken into possession vide seizure memo after preparing its rough khakha. An application was moved with regard to recording of statement of the injured, but he was declared unfit to make a statement. On 15.10.1998 again an application was moved with regard to fitness of the injured to make a statement and he was declared fit to make a statement. An opinion was given by Dr. Arun Chaudhary with regard to the nature of injuries received by the injured. The injured was got medico legally examined by Dr. S.C. Jain. A scaled site plan of the place of occurrence was prepared. Statements of the witnesses were recorded. After completion of the investigation, case was launched against the accused in the Court of Illaqa Magistrate to face trial and was received on commitment for trial.

(3.) Charge under Sections 326, 307 and 506 IPC was framed against the accused to which he pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined PW-1 Dr. S.C. Jain, PW-2 Constable Hoshiar Singh, PW-3 Head Constable Jai Kishan, PW-4 Tek Chand - complainant, PW-5 Chokh Raj - injured, PW-6 Ashok Kumar Draftsman, PW-7 Amar Singh UGC, PW-8 Satbir Singh, PW-9 SI Surinder Singh, PW-10 Dr. Neerja Ajmani, PW-11 Dr. Arun Kumar Chaudhary and closed the prosecution evidence.