DHAN RAJ Vs. RAJESH

JUDGEMENT

(1.) THE accused respondents were convicted under Section 452 read with Section 34 and under Section 323 read with Section 34 of the Indian Penal Code vide order of Additional Sessions Judge, Narnaul dated 20.3.1992. Each of the accused respondents were sentenced to undergo imprisonment till rising of the court and to pay a fine of Rs. 500/- each. under Section 452 read with Section 34 of the Indian Penal Code. Each of them was further sentenced to undergo imprisonment till rising of the court and to pay a fine of Rs. 500/- each under Section 323 read with Section 34 of the Indian Penal Code. In default of payment of fine each one of them was ordered to undergo imprisonment for three months. They were also sentenced to undergo imprisonment for the period for which they remained in custody during the trial. Out of the fine, if realised Rs. 2000/- was ordered to be paid as compensation to the complainant whereas the remaining amount of Rs. 2000/- was ordered to be paid as costs of the prosecution.

(2.) IN brief facts relevant for the disposal of the case are that on 13.3.1991 at about 11 a.m. Dhan Ram, complainant was sitting in his shop near Higher Secondary School Kanian when Rajesh and Karan Singh accused armed with knife and lathi came there. Both of them exhorted each other to teach lesson to the complainant for submitting application to the local police against Des Raj and Rajinder accused. Meanwhile, Des Raj and Rajinder accused also came there and all of them entered the shop of the complainant. Rajesh accused opened the attack and gave a knife blow on the right thumb of the complainant whereas Karan Singh gave a lathi blow on his right hand. Des Raj accused gave a Kulharai blow on the right side of forehead with its blunt side whereas Rajinder accused gave a lathi blow on his right hand, Rajesh accused then gave a knife blow on his arm pit. On the alarm raised by the complainant, Hans Raj too was attracted to the spot and witnessed the entire occurrence. After causing the injuries all the accused ran away from the spot along with their respective weapons. The complainant went and lodged a report with the police on the same day and thereafter got himself medically examined. After completion of the investigation, the accused respondents were, challaned, tried, convicted and sentenced as stated earlier.

(3.) THE learned counsel for the parties were heard.