SABHU Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS Sabhu, Kanka and Vedu had been convicted for offences under Sections 326/325/324/323/34 Indian Penal Code and sentenced to undergo RI for two years and to pay fine of Rs. 500/-, in default of payment of fine further RI for three months for offence under Section 326/34 IPC; one year RI and fine of Rs. 250/- and in default, further RI for one month under Section 325/34 IPC; six months RI under Section 324/34 IPC and three months RI under Section 323/34 IPC by Additional Chief Judicial Magistrate, Karnal. They had filed appeal which was dismissed by the Court of Additional Sessions Judge, Karnal vide judgment dated 19.7.1990. Feeling aggrieved, the present revision has been filed.

(2.) PROSECUTION case against petitioners accused was that on 18.8.1983 at about 6.00 PM Dhulli complainant resident of village Lalupura was sitting in his fields on a cot under a Jamun tree and enjoying hukka. His brother Mahinder Singh and his cousin brother Khazana were working in their nearby fields. Then all the three accused petitioners namely Sabhu, Kanka and Vedu armed with Lathi, barcha and gandasi respectively came. They caused injuries on head and left hand of Dhulli with their respective weapons. Khazana intervened. He was also injured by the accused petitioners. The injured were taken to the hospital where they were treated and their injuries were examined. Case was registered, investigated and then accused petitioners faced trial. Case was found to be proved. They were accordingly convicted and sentenced as aforesaid.

(3.) COUNSEL for the petitioners could not point out any infirmity in the statements of witnesses and the prosecution case but had prayed that lenient view be taken in view of the fact that occurrence had taken place in the year 1983 i.e. 22 years back.