CHILLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed by Chillu @ Suleman against the judgment of conviction dated 02.09.2003 passed against him by learned Additional Sessions Judge, Faridabad, whereby he has been ordered to undergo rigorous imprisonment under Section 332 I.P.C. for a period of 2 years and to pay fine of? 1000/ - and in default further to undergo rigorous imprisonment for a period of 2 months. He has also been sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 300/ - for the offence punishable under section 353 I.P.C. and in default thereof, further to undergo rigorous imprisonment for one month. He has also been sentenced to undergo rigorous imprisonment for 7 years under section 307 I.P.C. and to pay a fine of Rs. 5000/ - and in default, undergo rigorous imprisonment for one year. He has also been sentenced to undergo rigorous imprisonment for 2 months under section 186 I.P.C. and pay a fine of Rs. 300/ - and in default thereof, further to undergo rigorous imprisonment for one month.

(2.) BRIEF upshot of the present case is that on 28.11.2000 at about 11:30 PM, Nathu Singh Rathi, Investigating Officer of this case, was present at Pali Chowk alongwith other employees, whereupon one four wheeler bearing No. HR -38 -A -0163 loaded with cows coming from the side of Ballabhgarh was signaled to stop but the same was not stopped. Immediately a wireless message was sent to Police Post Dhauj to stop the said four -wheeler coming from Faridabad side and going towards Sohna loaded with cows for the purpose of slaughtering. On receipt of the wireless message, barricading was done in front of the Police Post by the police officials. In the meanwhile the said four -wheeler was spotted coming at high -speed and was signaled to stop by Atma Ram -ASI but the driver of the four -wheeler instead of stopping, turned the same towards Atma Ram with the intention to kill him. In order to save himself, Atma Ram took a step backwards and in the process fell down on the road but the side of the four -wheeler hit him as a result of which he received injuries. The four -wheeler was being driven by the appellant while Suleman @ Kunji and Aseen were sitting behind.

(3.) THE prosecution examined as many as 8 witnesses namely, PW 1 - Katter Singh ASI, PW 2 - Rajinder Singh ASI, PW 3 - Dr. S.C. Bhagat, PW 4 - Mahender Singh, PW 5 -Sanjeet Kumar, Constable, PW 6 - Nathu Singh Rathi, Inspector, PW 7 - Atma Ram ASI -Complainant and PW 8 - Jagadish Kumar Constable.