INAM KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has filed the present revision petition against the judgment dated 30.5.2009 passed by learned Additional Sessions Judge, Yamuna Nagar whereby his appeal against the judgment of conviction dated 14.8.2007 and order of sentence dated 17.8.2007 passed by learned Judicial Magistrate 1st Class, Yamuna Nagar was dismissed with certain modification in order of sentence.

(2.) Vide judgment dated 14.8.2007, learned Magistrate has held the petitioner guilty for committing offence under Section 324 IPC and vide separate order dated 17.8.2007 sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/-. In case of nonpayment of fine, the petitioner was required to further undergo simple imprisonment for a period of fifteen days. However, fine has been paid by the petitioner.

(3.) Briefly stated, case of the prosecution is that on 25.10.1998, HC Maya Chand recorded statement Ex.PB of complainant/injured Sham Lal. As per his statement, on 25.10.1998 at about 7.30/8.00 p.m., the complainant was returning to his village and while passing from the side of the shop of petitioner-accused Inam Khan, the accused started abusing him. The complainant objected it. Thereupon, the petitioner caught hold of him and engulfed him and gave two knife blows in his abdomen. The complainant raised alarm and hearing this, Ramesh Kumar and Gurnam Singh came there. They rescued the complainant from the clutches of the petitioneraccused. However, the petitioner ran away from the spot along with his weapon, but proclaimed that he would teach the complainant a lesson for demolishing the mosque and threatened to kill him as and when he gets a chance.