(1.) This is an appeal directed by the appellant Vinod Kumar against the judgment of conviction and order of sentence dated 21.08.2003 passed by Ms. Ritu Tagore, Additional District & Sessions Judge (Fast Track Court), Ambala, vide which all the accused have been convicted and sentenced as under :- Name of accused Offences Punishment Raj Kumar @ Raj 323/149 IPC One year rigorous imprisonment 324/149 IPC Two years rigorous imprisonment and Rs. 500/- as fine, failing the payment of fine, he shall further undergo rigorous imprisonment for 15 days 148/149 IPC Two years rigorous imprisonment and Rs. 200/- as fine, failing the payment of fine, he shall further undergo rigorous imprisonment for 7 days 307/149 IPC Four years rigorous imprisonment and Rs. 1000/- as fine, failing the payment of fine, he shall further undergo for one month Name of accused Offences Punishment 452/149 IPC Three years rigorous imprisonment and Rs. 500/- as fine, failing the payment of fine, he shall further undergo rigorous imprisonment for 15 days Vinod Kumar 323/149 IPC One year rigorous imprisonment 324/149 IPC Two years rigorous imprisonment and Rs. 500/- as fine failing the payment of fine he shall further undergo rigorous imprisonment for 15 days 148/149 IPC Two years rigorous imprisonment and Rs. 200/- as fine failing the payment of fine, he shall further undergo rigorous imprisonment for 7 days 307/149 IPC Four years rigorous imprisonment and Rs. 1000/- as fine failing the payment of fine he shall further undergo rigorous imprisonment for one month 452/149 IPC Three years rigorous imprisonment and Rs. 500/- as fine failing the payment of fine he shall further undergo rigorous imprisonment for 15 days Shankar 323/149 IPC One year rigorous imprisonment 324/149 IPC Two years rigorous imprisonment and Rs. 500/- as fine failing the payment of fine he shall further undergo rigorous imprisonment for 15 days 148/149 IPC Two years rigorous imprisonment and Rs. 200/- as fine failing the payment of fine he shall further undergo rigorous imprisonment for 7 days 307/149 IPC Four years rigorous imprisonment and Rs. 1000/- as fine failing the payment of fine, he shall further undergo rigorous imprisonment for one month 452/149 IPC Three years rigorous imprisonment and Rs. 500/- as fine failing the payment of fine, he shall further undergo rigorous imprisonment for 15 days
(2.) The law was set in motion by recording the statement of Pappu Kumar wherein he has stated that he is labourer by occupation and had been residing with his brother Sri Ram for the five years. Sita Ram- his cousin is a tenant of Sri Ram. In the morning of 04.07.2001, a quarrel took place between Raju and Hare Ram-their neighbour over the point of using lavatory. However, the matter was compromised with the intervention of members of Biradari. In the evening at 9.15 PM, Sri Ram, Ram Balak, Sita Ram, Vijay and complainant were watching television programme in the house of Sri Ram, when Raju son of Raj Kumar having knife in his hand, Raj, Vinod, Shankar working at tent house, Bittu son of Barkhu, came there. They were possessing knives in their hands, handle of hand pumps and dandas. They opened the gate of the house of Sri Ram and entered the room. Raju inflicted several knife blows in the stomach of Sri Ram. Bittu inflicted knife blow on the right thigh of the complainant. Sita Ram also gave injuries with knife and danda by unknown assailants. The accused persons were accompanied by several boys who were armed with dandas and gave injuries to the complainant and his brother. On the basis of his statement, formal FIR was recorded. Investigation was carried out and after completion of investigation, challan against the accused was presented in Court.
(3.) On presentation of challan, copies of same were supplied to the accused free of costs as envisaged under Section 207 Cr.P.C.