RAJENDER @ INDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has challenged the concurrent findings of Courts below convicting him of the charges under Sections 323 and 325 of the Indian Penal Code (IPC) and awarding him the sentence to undergo simple imprisonment for a period of four months under Section 325 IPC and to pay compensation Rs. 2500/ - to the complainant in terms of Section 357A Cr.P.C. and also to pay a fine of Rs. 1000/ -, in default thereof to further undergo imprisonment for one month. The petitioner was also sentenced to undergo simple imprisonment for a period of one month under Section 323 IPC and to pay compensation of Rs. 2500/ - to the complainant in terms of Section 357A Cr.P.C. The sentences of imprisonment were to run concurrently.

(2.) THE facts of case, briefly stated, are that Ram Kumarcomplainant was grazing his cattle in the fields on 23.10.2008. At about 4.00 p.m. the petitioner and his brother -Ajit Singh came there armed with lathies. Ajit Singh, gave lathi blow on the chest of complainant whereas the petitioner inflicted blow with his lathi on the left knee thrice. The complainant raised an alarm which attracted Rajender S/o Sukbir Singh and Amar Devi who were working in the adjoining fields. These persons witnessed the occurrence.

(3.) ON 23.10.2008 itself, a message was received in Police Post Achina Taal from Police Station City, Dadri about complainant having suffered injuries in the occurrence and that he was referred to General Hospital, Bhiwani from there. The police party did not go to General Hospital, Bhiwani on that day because it was late at night.