AMRIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) AMRIT , petitioner (hereinafter also referred as accused) along with Dhanpat was prosecuted in the court of the Chief Judicial Magistrate, Karnal for having committed offences falling under sections 326, 452 and 506, all read with section 34, I.P.C. The learned Chief Judicial Magistrate acquitted them of offence falling under section 506 IPC, but convicted them for the remaining offences. He sentenced Amrit to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- under section 326 read with section 34 IPC and to one year's rigorous imprisonment under section 452 read with section 34 IPC. Imprisonment in default of payment of fine was also awarded to him. His co-accused Dhanpat, was awarded lesser sentences under the abovesaid offences as he had not caused any injury to Tara Chand, injured. The substantive sentences in respect of each accused were ordered to run concurrently. Feeling aggrieved against their convictions and sentences, Amrit and Dhanpat filed appeal which was heard by the learned Additional Sessions Judge, Karnal. He found the participation of Dhanpat doubtful and acquitted him of the charges. He also altered the conviction of Amrit, accused to under sections 326 and 452 IPC. In respect of the former offence he reduced the sentence of rigorous imprisonment to two years and fine of Rs. 400/- and in respect to the latter, to nine month rigorous imprisonment and imposed a fine of Rs. 100/- Rigorous imprisonment in default of fine was also awarded. The substantive sentences of imprisonment were ordered to run concurrently. Amrit, petitioner, has now filed this revision petition.

(2.) THE prosecution story in brief is that on 19th May, 1976 at about 10.00 a.m. Tara Chand PW1, was constructing a wall in front of his house. His wife, Kela PW3, Chatra PW2, Randhira PW4, Dharam Singh PW5 as Bhoopa were also present there. Amrit and Dhanpat (acquitted accused) came there. The former was armed with a knife. Amrit abused Tara Chand. Dhanpat exhorted Amrit to catch hold of him (i.e. Tara Chand). Tara Chand ran in side his house. Amrit and Dhanpat also went after him and the former gave a blow with his knife on the left side of the abdomen of Tara Chand while Dhanpat raised a lalkara that he should be finished. Tara Chand became unconscious. The accused ran away. Tara Chand was removed to Civil Hospital, Panipat where he was medically examined by PW9 Dr. M.S. Bhatia who found one incised wound on the front of left abdomen in the left lumber region. Tara Chand also complained of pain in the front of the chest. Exhibit PW9/A is the medical certificate prepared by the said doctor in relation to Tara Chand.

(3.) IT is not necessary to give the plea of Dhanpat as he has since been acquitted. Amrit accused pleaded that a scuffle took place between him and Tara Chand. Tara Chand was armed with a lathi and he gave him lathi blows. His (i.e. Amrit) mother suffered injuries when she came forward to rescue him. According to him there was a dispute between him and Tara Chand over a plot.