RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 27.11.2003, passed by learned Additional Sessions Judge, Kaithal, vide which appellant Raj Kumar was held guilty and convicted for the offences punishable under sections 308, 323 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and the order of sentence dated 29.11.2003, vide which the appellant was sentenced as under:-

(2.) All the sentences were ordered to be run concurrently.

(3.) In brief, the case of the prosecution is that on 13.04.1999 at about 04:00 P.M., complainant Sat Narain and his brother Hari Narain loaded their cart after cutting the berseem from their fields on BarotKeorak Road. They were also supervising the labourers harvesting the wheat crop. Rajiv son of Arjun Dev was also cutting the berseem in the adjoining field. Appellant Raj Kumar was grazing his cattle. Some cattle entered in berseem filed of the complainant and one of the buffalo started grazing the berseem loaded in the cart. Injured Hari Narain asked the appellant to take away his cattle. At this, the appellant started abusing him. Hari Narain took away the cattle of Raj Kumar from their berseem field as well as the cart. At this appellant Raj Kumar gave lathi blow on the head, leg and back of Hari Narain. He raised alarm 'Mar Diya - Mar Diya'. Hearing which, complainant and Rajiv reached at the spot. At this, the appellant ran away from the spot along with his lathi. While leaving the spot, he threatened that Hari Narain has been saved and he will kill him in future as and when he find the opportunity. The injured was got admitted in General Hospital, Kaithal, where he was medico legally examined. On receiving the information from the hospital, Head Constable Balbir Singh reached the General Hospital, Kaithal but the injured was declared unfit to make the statement. Complainant Sat Narain made his statement Ex.PF to Head Constable Balbir Singh on 14.04.1999, on the basis of which FIR Ex.PD was registered and investigating was started.