KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by the appellants against the judgment and order dated 3/4-12-2003 vide which the appellants were convicted and sentenced to undergo life imprisonment with a fine of Rs 10,000 under Section 302 read with Section 34, IPC. In default of payment of fine, the defaulter was further sentenced to undergo R1 for one year. Accused Krishan was further sentenced to undergo RI for one year and to pay a fine of Rs. 1000/- under Section 25 of the Arms Act. In default of payment of fine, he was further sentenced to undergo RI for three months. However, both the sentences were ordered to run concurrently.

(2.) The prosecution case, in brief, is that on 12-1 -2000 Bijender along with Balraj and Satbir were going from Sonepat to Gannaur in a bus. Since the bus was overcrowded, Bijender and Satbir sat on the roof. The bus reached village Kami at 3 p.m. and Bijender and Satbir alighted from the bus. Balraj who was inside the bus had an alteration with Krishan and one more youth, whose name was not known. All the three were exchanging expletives. In the meantime, Krishan took out a knife from his pocket and attacked Balraj, who was caught hold by Krishan's companion. Bijender intervened to save Balraj but Krishan gave another knife blow on the back of Balraj due to which he fell down and the assailants ran away from the spot. On the statement of PW-8, Bijender, FIR against the accused was got registered. After completion of investigation, challan against the accused was presented.

(3.) They were charged under Section 302 read with Section 34, IPC. Krishan, accused, was also charge-sheeted under Section 25 of the Arms Act. However, they pleaded not guilty and claimed trial.