MAINPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against judgment/order dated 16.02.2004 passed by Learned Additional District & Sessions Judge (Adhoc), Jhajjar, ('trial Court', for short) vide which appellant has been convicted and sentenced to rigorous imprisonment for 7 years with fine amounting to Rs. 5,000/- and in default of payment of fine, further rigorous imprisonment for six months under Section 304 Part II of the Indian Penal Code 1860 (for short, 'IPC'), and to rigorous imprisonment for 2 years with a fine amounting to Rs. 2,000/- and in default of payment of fine, to further rigorous imprisonment for three months under Section 324, IPC. State is contesting the appeal.

(2.) Learned counsel for the appellant, at the very outset, submits that the appellant does not dispute the correctness of the findings of conviction as recorded by learned trial Court but he prays for leniency as regards the quantum of sentence on the plea that the appellant has been facing the ordeal of tough investigation, a protracted trial and consequent proceedings since 19.11.2010 on which day the First Information Report was recorded. It is also submitted that at the time of occurrence, appellant was only 24 years old and has spent best part of his youthful life in defending the present proceedings, he is married, and has a wife and children to look after. Case of the prosecution as noticed by the learned trial Court is that on 08.11.2000 at about 8 a.m Nisha and Asha daughters of complainant Om Parkash got themselves ready for going to school. As they came out of their house, the present appellant and his co-accused Vijaypal threw dirty water on their clothes and unclothed themselves in their front saying that they would perform marriage with them. Bhagwan Singh told Nisha and Asha that he would arrange their marriage with his sons. When complainant and his brother objected to it, the accused accompanied by Vikram, Sonu, Roshni and Mahinder Singh attacked them. Mainpal gave a pharsa blow on Hem Chander's head. He fell down. Thereafter, Jitender tried to rescue him whereupon Vikram gave a lathi blow on his head. Complainant's wife Bimla intervened. Bhagwan Singh inflicted a lathi blow on Bimla. Vikram gave a lathi blow to Bala while Sonu and Mahender hit Bimla with brick bats and Roshni gave a gandasi blow to Bala. On an alarm having been raised, residents of the village turned up and the accused escaped alongwith weapons which they were carrying. Hem Chander succumbed to the injury on 19.11.2000. Matter was investigated into, challan was presented, charge under Sections 148/149/323/325/307/302 IPC was framed, to which accused pleaded not guilty and claimed trial.

(3.) Prosecution witnesses were examined. Statements of the accused were recorded under Section 313 Cr.P.C. No evidence in defence was led. Parties were heard and the appellant, was ultimately convicted and sentenced, as herein before stated.