JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against judgment/order dated 16.3.1996 of the Court of Additional Sessions Judge (II) Jind, whereby Jagdish appellant was convicted for offence under Sections 307/326 and 324 IPC. For offence under Section 307, he was sentenced to undergo RI for ten years and to pay fine of Rs. 2000/-. In default of payment of fine to further undergo RI for six months. For offence under Section 326 IPC to undergo RI for five years and to pay fine of Rs. 1000/-. In default of payment of fine to further undergo RI for three months and then for offence under Section 324 IPC to undergo RI for one year and to pay fine of Rs. 500/- and in default of payment of fine to further undergo RI for one month.

(2.) THE prosecution case against the appellant is that he was married to Lado 11-12 years prior to the occurrence. On 2.9.1995 at about 8 PM when Lado was in the Chaubara on the first floor of the house and Ranbir Singh and Krishan were sitting in the courtyard of the house, then Jagdish came to the Chaubara armed with a Gandasi. Jagdish asked Lado to go down stairs and as soon as Lado wanted to go down stairs, accused Jagdish opened an attack on her with the Gandasi and gave several blows of gandasi on her eyes, forehead, head, teeth and left forearm. She raised noise 'Mar-di Mar-di' which attracted Randhir Singh and Krishan who came to the Chaubara and rescued Lado from the clutches of the accused, otherwise accused might have caused more injuries. Then Jagdish had run away from the place of occurrence. Lado was got medico- legally examined and then case was registered on 3.9.1994 against the appellant on the statement of Lado. It was investigated. Then accused- appellant was sent for trial. Case was found to be proved against him. He was accordingly convicted and sentenced as aforesaid.

(3.) IN this case, Lado injured/complainant happens to be wife of the accused. She had many injuries with incised weapon on her face and injury No. 3 was dangerous to life also. When she appeared as PW7, she had stated that accused had opened attack with Gandasi and caused injuries on her face, eyes, forehead, head, teeth, left forearm etc. During her cross-examination, she had stated that there was no light at that time. Occurrence had taken place 3-4 hours after the sun set. Krishan and Randhir were not present. She could not identify the person who caused injuries to her due to darkness. She had further stated that accused Jagdish was not present in the house. Otherwise she could easily identify him even in the dark. She had further stated that 4-5 months prior to the occurrence, accused Jagdish had put himself on fire by spreading kerosene oil due to his mental disorder. Then he was admitted in the Mental Hospital for treatment. He did not recover despite treatment and used to wander in the village. He was unable to watch his interest and to distinguish between good and bad. He could not know the consequences of his doings.