RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been directed against the judgment dated 24.07.2007 passed by the Additional Sessions Judge, Fast Track Court, Bhiwani whereby the appellant has been convicted and sentenced for commission of offence punishable under Sections 323, 324, 326, 307 & 452 read with Section 34 of the Indian Penal Code (in short 'IPC') extracted hereinebelow: - <FRM>JUDGEMENT_390_LAWS(P&H)4_20141.htm</FRM>

(2.) THE facts relevant for disposal of the present appeal are that on 10.09.2005, on receipt of telephonic information in regard to admission of Kitabo, Ravita and Pinki in General Hospital, Bhiwani and later referred to PGI MS Rohtak, ASI Desh Raj reached PGI MS Rohtak and recorded the statement of complainant Sombir. As per allegations, his father Mai Ram were four brothers and his Tau namely Nathu and uncle Dhoop Singh had been residing at Hariawas (Rajasthan) and his another uncle Mahabir was residing at village Isharwal. There was family feud between them (Sombir and his family) and his uncle Mahavir. On the night of 09.09.2005, Ombir his brother and Mai Ram his father had gone to their fields for irrigation. Around 12 AM (midnight), Amir Singh son of Roop Singh informed them that three women of their family had received injuries. They reached their house and found his mother Kitabo Devi, wife Pinki and sister Ravita lying on the cots and were bleeding. His wife Pinki told that during night time, she along with Ravita and Kitabo were sleeping. When she heard a scream, she woke up and noticed Raj Kumar armed with a pharsa and Mahabir, his father, having a sword standing there. Raj Kumar gave a pharsa blow on the head of Kitabo. Mahabir caused injury to Ravita. When she raised rescue call, Mahabir caused injury to her and when she tried to defend herself, pharsa of accused Raj Kumar fell on the spot. On hearing alarm, neighbourers came to the spot and the accused fled away.

(3.) DURING investigation, site plan of the place of occurrence was prepared, statements of witnesses were recorded and accused Raj Kumar was arrested. On completion of investigation, challan was presented in the Court for commencement of trial.