ATTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE trial court vide judgment dated 22/25.11.2010 convicted the accused -petitioners for offence punishable under Sections 323/324/34 IPC and sentenced them as follows : -

(2.) THE appeal filed by the petitioners did not succeed and was dismissed maintaining the sentence awarded to them by the trial court. The cross -appeal filed by the complainant for conviction of the petitioners under Section 326 IPC and for enhancement of sentence was also dismissed.

(3.) THE occurrence in this case took place on 1.5.2003. As per the complainant, he reached his house at about 9.00 p.m. on that day and found a person standing behind his house. On raising noise, that person started running away but was caught. He was the petitioner -Attar Singh son of Lal Singh. In the meanwhile, neighbours also reached the spot. Sarpanch and Panch were also called. But, Attar Singh succeeded in running away from the spot. The complainant was narrating the entire incident to them when the appellant Attar Singh reached the spot with 'axe' in his hand and gave blow on the left ear of the complainant and another blow on the neck below the left ear. While the petitioner Krishna gave axe blow on the chest of the complainant. Lal Singh son of Sumer Singh, Naranyani wife of Lal Singh and Narender son of Attar Singh reached the spot armed with lathis, but were caught and stopped by the villagers from causing any injuries to the complainant.