SURAJ BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in this appeal preferred by appellant-convict Suraj Bhan son of Bagrawat (for brevity "the appellant"), is to the impugned judgment of conviction dated 3.8.2002 and order of sentence dated 5.8.2002, by virtue of which, he was convicted and sentenced to undergo rigorous imprisonment (for short "RI") for a period of seven years & one month, to pay a fine of Rs.500/- and in default thereof to further undergo RI for a period of one month for the commission of an offence punishable under section 307 IPC by the trial Court of Addl. Sessions Judge.

(2.) The compendium of the facts & evidence, unfolded during the course of trial, which needs a necessary mention for the limited purpose of deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that complainant Madan Gopal son of Rameshwar Dass (PW5) (for brevity "the complainant") was a retired teacher. He was residing with his son Balraj Singh. His another son Raj Kumar (PW6) was separately residing in the outer plot. Raj Kumar had given four rooms of his house on rent of Rs.300/- per month each. The appellant was residing in one room as a tenant. Since his (Raj Kumar) wife was away to her parental house, so, the complainant had gone to his house on that day. On the night of 19.8.2001, the appellant abused Raj Kumar under the influence of liquor. The complainant was sleeping in the room, whereas Raj Kumar was sleeping on a cot in the court yard of his house. The main gate of the house was locked from inside. On 20.8.2001 at about 4 A.M., the complainant heard the noise and came out of the house. He noticed that the appellant was inflicting injuries on the head of Raj Kumar with brick. He raised noise and tried to save his son from his clutches. It was claimed that appellant has tried to give beatings to the complainant as well. Thereafter, he threw the brick, went up the stairs of the house, jumped in the street and decamped from the place of occurrence.

(3.) Narrating the sequence of events, in all, according to the complainant that on 20.8.2001, the appellant has repeatedly caused multiple grievous injuries on the head of Raj Kumar with the brick and attempted to murder him. In the background of these allegations and in the wake of statement (Ex.P2) of the complainant, the present case was registered against the appellant, by way of FIR No.675 dated 20.8.2001 (Ex.P4), on accusation of having committed an offence punishable u/s 308 IPC by the police of Police Station Sadar Hisar in the manner depicted here-in-above.