HEERA LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal filed by appellant-Heera Lal against judgment of conviction dated 30.04.2004 and order of sentence dated 03.05.2004 passed by Additional Sessions Judge, Faridabad, whereby appellant was convicted and sentenced as under: <FRM>JUDGEMENT_412_LAWS(P&H)12_2015_1.html</FRM>

(2.) Briefly, relevant facts of the case that on 06.05.1998 Radhey Shyam Verma along with Ashok (injured) was present in his house. At about 8.00 P.M. Mukesh @ Phirey came to his house and called Ashok and took him near the Kutia where Heera Lal (appellant) and Rakesh @ Banti and two others were already present. They were armed with axe, knife and 'dandas'. At that time present appellant Heera Lal gave axe blow on the head of Ashok while others gave knife and 'danda' blows. Ashok fell down on the ground. Shodan and Vinod Kumar rescued Ashok and informed Radhey Shyam about the occurrence. Accused persons also threatened Ashok to kill him at future available opportunity.

(3.) Appellant Heera Lal remained away from the Court and was declared proclaimed offender and subsequently he was arrested and tried. Learned trial Judge after completing various formalities of trial including stages of trial of the case including framing of charge against the accused persons, recording statement of prosecution witnesses, examining accused under Section 313 Cr.P.C. and after considering the prosecution evidence and defence version held the appellant-accused guilty and convicted and sentenced him accordingly.