CHAMAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed impugning the judgment dtd. 2/2/2010 passed by the Additional Sessions Judge, Kurukshetra whereby the appeal filed against the judgment of conviction and order of sentence dated 14/15/7/2009 passed by the Judicial Magistrate Ist Class, Kurukshetra, has been dismissed.

(2.) The FIR in the present came to be registered on 25/8/2002. The judgment of conviction and order of sentence was passed on 14/15/7/2009 by the Judicial Magistrate Ist Class, Kurukshetra. The Appeal filed against the judgment of conviction and order of sentence was dismissed on 2/2/2010 by the Additional Sessions Judge, Kurukshetra. The instant revision petition was filed on 18/2/2010 and has come up for final hearing now i.e. after a period of more than 22 years from the date of registration of the FIR.

(3.) Succinctly, the case of the prosecution is that on 25/8/2002, ASI Gurdyal Singh alongwith Head Constable Sita Ram and Constable Phool Singh returned to the Police Station Sadar Thanesar after investigation of case No.357 of 2002, under Sec. 306/34 IPC. Complainant-Sweety Rani alongwith her husband Dev Kumar came there and gave an application Exh.PW-1/A stating therein that on the intervening night of 24/25/8/2002, she was sleeping alongwith her infant child inside her house. Her husband Dev Kumar was sleeping in the compound. The door of her room was open but the main gate was locked from inside. At about 2.00 A.M., a person entered her house after climbing the wall and after entering her room started doing indecent acts with her with a bad intention. Complainant called for her husband and after freeing herself, when she switched on the light of the room, she saw accused-Chaman Lal present there. Chaman Lal told her to keep quite otherwise he would kill her. Thereafter, Chaman Lal tried to run away and when he was climbing the wall Dev Kumar and their neighbourer, Ishwar Singh and Rana caught hold of him. After opening the main door, they saw the Tractor of Chaman Lal, without a number plate parked out side their house. She further stated that a Panchayat was convened and relatives of accused Chaman lal were called but no justice was given. She stated that Chaman Lal ran from the spot after leaving his Tractor. She prayed that legal action be taken against the accused. After making his endorsement Exh.PA, ASI Gurdyal Singh sent the statement to the Police for registration of F.I.R. Exh.PB. He went to the spot and prepared the rough site plan Exh.PC. Tractor of the accused Chaman Lal which was found parked at the spot and was taken into police possession vide recovery memo Exh.PD. Statements of witnesses were recorded. The accused was arrested in the present case. On completion of investigation, the accused was challaned.