RAJESH ALIAS PAPPU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the judgement of the learned Additional Sessions Judge, Gurgaon. dated 5-7-1995. The prosecution challenged Rajesh alias Pappu for the offence under Sections 323 and 324 of Indian Penal Code on the facts that on 21-6-1989 at about 9.00 P.M. Dalip Singh, father of Jagriti, was coming towards his house after answering the call of nature in village Manesar. On the way the petitioner stopped him and abused hint, which attracted his daughter Jagriti towards the scene. She saw the petitioner stopping Dalip Singh while being armed with Kasola and was asking him to withdraw the suits which were pending between the parties. Jagriti made noise for help upon which the petitioner hit her with Kasola on her head and also assaulted her on her right hand resulting an injury to the finger of the right-hand. On these facts FIR No. 463 dated 22-6-1989 was registered under Sections 323 and 324 IPC. The petitioner was sent to the Court of Judicial Magistrate 1st Class, Gurgaon, to face trial for the said offences.

(2.) The petitioner was charge-sheeted vide order dated 29-8-1989. Having pleaded not guilty, the petitioner was put to face trial. The learned Magistrate upon completion of the trial and recording the statement of the accused under Section 313 Cr. P.C. stating that he way falsely implicated, disbelieved the version of the accused. However, the petitioner' led no evidence in support of his statement.

(3.) On the basis of the prosecution evidence which had examined three witnesses. the trial Court held the petitioner to be guilty; convicted him and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/- under the offence under Section 324 IPC. He was also sentenced to pay a fine of Rs. 500/- under Section 323 IPC. In default of payment of fine, the petitioner was ordered to undergo further imprisonment for one month.