LAWS(P&H)-2014-10-219

VINOD Vs. STATE OF HARYANA

Decided On October 06, 2014
VINOD Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The accused-appellant Vinod was convicted under Section 307 IPC and was sentenced to undergo imprisonment for 5 years and to pay a fine of Rs. 1000/- and in default, to undergo a further period of 3 months.

(2.) The brief case of the prosecution is that on 12.7.1998 at about 12.30 p.m., PW3 ASI Dhan Singh alongwith PW2 HC Samay Singh and other police officials held naka near Chaurasiya Panwali Gali. The accused came driving a Maruti Van bearing registration No.DNB-1236. PW3 signaled the accused-appellant to stop the vehicle. But the accused instead of stopping the vehicle accelerated the speed of the vehicle and turned the same towards the place where PW3 alongwith other officials was standing and hit him with the vehicle with an intention to kill him and as a result of which PW3 fell down and received injuries on both his hands and right foot. Accused Vinod was overpowered by the police officials who were present over there. The vehicle was thoroughly searched. 266 pouches of liquor were found in the vehicle. A separate case under the Excise Act was booked as against the other accused Pawan who was discharged from the present prosecution.

(3.) On the side of the prosecution, PW1 Dr.Dara Singh Rathi who issued MLR, PW2 HC Samay Singh who was an eye witness to the occurrence, PW3 ASI Dhan Singh who received injuries in the occurrence, PW4 HC Tej Pal who subjected Maruti van DNB-1236 to mechanical inspection, PW5 Manoj Kunar, Draftsman and PW6 Inspector Kehar Singh, Investigating Official of this case were examined.