SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/accused Surender against the judgment of conviction dated 23.1.2004, vide which he was held guilty and convicted for the offences punishable under Sections 364 & 323 of the Indian Penal Code (hereinafter referred to as IPC ) and the order on the quantum of sentence dated 24.1.2004, vide which he was sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of ' 3,000/-. In default of payment of fine, to further undergo rigorous imprisonment for a period of two years for the offence punishable under Section 364 IPC. He was further sentenced to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 323 IPC.

(2.) The brief facts of the prosecution case are that on 26.7.1993, Criminal Appeal No. S-238-SB of 2004 2 on receipt of a written information from the doctor, PW.1 Assistant Sub Inspector Killa Singh reached at Civil Hospital, Kharkhoda and after obtaining the opinion of the doctor, he recorded the statement of PW.5 Dharambir. In his statement Ex.PF, complainant-Dharambir stated that on 25.7.1993, he along with his brother PW.6 Rajender and Hawa Singh son of Devi Singh had gone to village Gamri on their tractor trolley. At about 8/9.00 P.M., when they reached near village Ridhau turning, a matador was seen parked on the road. Three boys, who belong to village Ridhau, were standing there. The complainant took the tractor trolley from the kachha berm but one of those boys caught hold the hand of Rajender, who was driving the tractor. The complainant and Hawa Singh alighted from the tractor. They were given slap blows by those persons. Thereafter, the complainant along with his companions started for their village and when they reached near village Silana, Ram Kumar son of Abhey Ram met them. They narrated the incident to him. He told them that as village Ridhau is in their neighbourhood, so let us go and ask those boys as to why they had given beatings. The complainant along with his companions started for village Ridhau. When they reached near brick kiln, located in the area of village Ridhau, one canter bearing registration No. HR-10-0203 came and stopped in front of their tractor. Four persons armed with lathies alighted from the said canter and they started beating the complainant, Hawa Singh, Rajender and Ram Kumar with lathies. Thereafter, they put Ram Kumar in the trolley of their tractor and took it away along with their canter. The whereabouts of Ram Kumar were not known to them. The complainant Criminal Appeal No. S-238-SB of 2004 3 further alleged that during the quarrel, his chain and ' 450/- were lost. It is further alleged that the complainant along with Rajender and Hawa Singh went to village Ridhau and came to know the names of the culprits as Ram Kumar son of Kirpa, Azad Singh, appellant Surender and Chattar Singh of village Ridhau. On the statement of the complainant, FIR Ex.PH was registered and the investigation was started. The Investigating Officer inspected the spot. On 28.7.1993, all the four accused were arrested.

(3.) Accused Ram Singh (since acquitted) produced the Canter No. HR-10-0203. The tractor along with the trolley was also taken into possession vide memo Ex.PG.