NAVEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was tried of the charges under Sections 307/324/506 (2) of the Indian Penal Code (IPC) in FIR No. 119 dated 28.08.2011, Police Station Udyog Vihar, Gurgaon and convicted under Sections 307 and 506 (2) IPC. He was awarded sentence to undergo rigorous imprisonment for a period of ten years under Section 307 IPC and to pay a fine of Rs. 10,000/-, in default of payment of fine to further undergo rigorous imprisonment for two years. The appellant was further sentenced to undergo rigorous imprisonment for a period of two years under Section 506 (2) IPC and to pay a fine of Rs. 5000/-, in default of payment of fine to further undergo rigorous imprisonment for three months. The substantive sentences were to run concurrently.

(2.) As per custody certificate dated 07.07.2015 handed over by learned State counsel, the appellant has already undergone more than 3 years and 10 months of actual imprisonment and more than 5 years and 5 months of total sentence including remissions.

(3.) The facts of the case, briefly, stated are that on 26.08.2011, Ram Niwas-complainant along with Dinesh Kumar S/o Dharambir, Dharmender S/o Raju and the appellant were watching television (TV) in the house of Dharmender aforesaid. While they were watching TV, the appellant started abusing the complainant who objected to it and the appellant started fighting with the complainant. The complainant was saved by Dharmender and Dinesh. The appellant then went away while these three persons remained in the room and kept on watching TV.