STATE OF HARYANA Vs. RAJESH KUMAR AND ORS.

JUDGEMENT

(1.) The State is aggrieved by the acquittal of the respondents of the charge under Ss. 324/307/34 IPC.

(2.) Case of the prosecution is that on 10.6.1993, on receiving information from Geeta Nursing Home, Kurukshetra about admission of Satish Kumar, injured (PW -7), Sudarshan Kumar, ASI (PW -9) went to the Nursing Home and moved application (Ex. PH) at 11.15 P.M. about fitness of the patient and since the opinion was that he was unfit to make a statement, he recorded the statement of eyewitness, Avtar Singh (PW -6), to the effect that he was returning to his house after playing cricket in Village Bir Mathana at 7.30 P.M. along with Krishi Lal and injured Satish Kumar. Krishi Lal went to ease himself and Satish Criminal Appeal No.465 -DBA of 1996 Kumar was standing at a distance. Accused Rajesh Kumar, Surjit and Tarsem came from the side of the village. Rajesh Kumar inquired from Satish Kumar as to why Satish Kumar had stopped Rajesh from entering the street. Satish replied that Rajesh was indulging in Gundagardi. On this, Surjit Singh exhorted that Satish Kumar be taught a lesson. Rajesh took out a knife from his dub and hit the same on the back of Satish Kumar, which went through and through. Tarsem also exhorted that Satish Kumar be given proper thrashing. Rajesh inflicted another knife blow on the buttocks. Satish Kumar raised alarm Bachao - Bachao (Save - Save). Avtar Singh along with Krishi Lal ran towards him, on which, the accused ran away. Avtar Singh went to the house of Sukhdev Singh, near the place of occurrence, leaving Krishi Lal on the spot. Avtar Singh alongwith Sukhdev Singh came to the place of occurrence on his scooter. Sukhdev Singh made Satish Kumar to sit between himself and Krishi Lal and took him to the hospital. Avtar Singh went to the house of Satish Kumar to inform his family members and thereafter, he also came to the hospital.

(3.) After making an endorsement on the statement of Avtar Singh, the writing was forwarded to the police station, where case was registered under Sec. 324/34 IPC at 12.20 A.M. The accused were arrested. During interrogation, Rajesh produced the knife from his pocket, which was taken into possession. On 19.6.1993, statement of the injured Satish Kumar was recorded after he was declared fit to make the statement. According to the opinion of the doctor dated 13.6.1993, the injuries were dangerous to life. After completing the investigation, the accused were sent up for trial.