DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed by the appellants against the judgment and order dated February 12, 1997 passed by the learned Additional Sessions Judge, Sonipat, whereby he has convicted and sentenced the accused as under:- Accused Dharambir Under Section 307 IPC To undergo RI for a period of five years and to pay a fine of Rs. 1000/-. In default of payment of fine to undergo further RI for a period of two months. Accused Rajinder and Krishan. Under Section 323 IPC. To undergo rigorous imprisonment for a period of six months each under Section 323 IPC.

(2.) IN brief, the case of the prosecution is as culled out is that on June 12, 1996 exchange of hot words had taken place between the women folk for fetching the water first from the water tap and lateron the accused persons with a common intention armed with knife and lathies and assaulted the complainant. Accused Dharambir who was armed with knife gave four successive knife blows to Rohtas, two in the abdomen, one under the chest and another under the neck. As a result of blows Rohtas fell down on the ground. Sukhchain alias Kala then gave a lathi blow on the thighs of Rohtas When Ram Chander and Naresh tried to prevent Dharambir from causing further blows to Rohtas, accused Krishan gave a lathi blow on the left side of head of Ram Chander whereas Rajinder gave lathi blow on the head of Naresh. On their raising an alarm, the residents of locality were attracted to the scene of occurrence and rescued them complainant from the clutches of the accused persons. Rohtas was rushed to the General Hospital, Sonipat by Ram Chander and Naresh and was referred to Medical College and Hospital, Rohtak. Thereafter on the statement of complainant Ram Chander (Ex.PX) and Naresh Kumar were recorded by HC Ishwar Singh and sent by him to the Police Station City, Sonipat. On the basis of this statement (Ex.PX), ASI Ram Avtar registered the FIR under Sections 323, 307 read with Section 34 of the Indian Penal Code, against the above mentioned accused on 12.6.1996. Report under Section 173 Cr.P.C. was prepared and forwarded to the C.J.M., Sonipat who vide her order dated 18.9.1996 committed the case to the court of Sessions.

(3.) TO prove the guilt of the accused, the prosecution examined Dr. V.K. Gupta, PW-1, Attar Chand, Record Clerk, Medical College and Hospital, Rohtak, PW-2, ASI Ram Avtar as PW-3, Constable Inderpal Draftsman as PW-4, Head Constable Sher Singh, as PW-5, Dr.(Ms) Kanta Goel as PW-6, Dr. (Ms) Usha as PW-7, HC Virender Singh, as PW-8, ASI Rajinder Singh, as PW-9, Inspector Ram Kishan as PW-10, Ram Chander injured as PW-11, Naresh injured as PW-12, Rohtas injured as PW- 13, Constable Jagminder as PW-14 and Head Constable Ishwar Singh, as PW-15.