ATUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Atul son of Om Parkash faced trial for the offence punishable under Sections 307 and 506 read with Section 34 of Indian Penal Code (for short 'IPC') along with his brother Chirag and was convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2,000/ - for offence punishable under Section 307 IPC, in default of payment of fine, he was directed to further undergo rigorous imprisonment for a period of three months. For offence punishable under Section 506 IPC, he was sentenced to undergo rigorous imprisonment for a period of six months. Brother of appellant namely Chirag was, however, acquitted.

(2.) AS per the case of the prosecution, the occurrence took place on 13.06.2001 at about 02.00 pm in the area of Model Town, Rewari. In his statement recorded on 16.06.2001, complainant -injured Sanjay had stated that on the day of occurrence, he had gone to connect the disc wire to Model Town, Rewari. When he reached near the house of Captain Ajay, the appellant and his brother met him. Appellant caught him from his neck from the back side while his brother caught hold of him. Appellant inflicted knife blows on his neck, back, left armpit and abdomen. The complainant raised 'raula' which attracted Subhash son of Kishan Singh and Deepak son of Satish, who got him relieved from the assailants. While leaving the spot, the assailants threatened to kill the complainant. Ramesh Chander, father of complainant got him admitted in the hospital.

(3.) ON 15.06.2001, telephonic intimation was received at Police Station Model Town, Rewari that complainant had been admitted with the injuries at AIIMS, New Delhi at which Head Constable Munshi Ram reached there and recorded the statement of complainant dated 16.06.2001(Ex.PA) and sent the same vide his endorsement Ex.PA/1 to the police station, whereupon formal FIR Ex.PA/2 was recorded. He then visited the place of occurrence and prepared rough site plan of the place of occurrence Ex.PA/4. The appellant was arrested on 18.06.2001. A knife produced by the appellant at the time of his arrest, was taken into possession vide recovery memo Ex.PC. On receipt of opinion by Dr. Vipulav Mishra (PW3), declaring injury on the person of complainant Sanjay as 'dangerous', offence under Section 307 IPC was added and further investigation was conducted by Inspector Sabha Chand.