SUDAMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants were convicted by the Additional Sessions Judge (II), Sonepat, vide his order dated 29th May, 1985, under Sections 326/34, and 323/34, Indian Penal Code, and were sentenced to undergo rigorous imprisonment for five years and six months, each respectively. Feeling aggrieved, they have filed this appeal.

(2.) KANTA Parshad was a resident of Sekunderpur in UP and for the last four years, prior to the incident, he was employed in the Atlas Cycle Factory, Sonepat. He used to live in Bawa Colony. On 28th June, 1983, at about 8.30 p.m., he had gone to the house of Shiv Sagar in Roop Nagar and after meeting him, he was going to his house when in the way he was confronted by the appellant, and Sudama, appellant, was armed with a knife while Moti, appellant, and Rajinder Singh accused were having Dandas. They challenged him that he will be dealt with for the leadership. Sudama gave a knife blow in the left hand side ribes while Moti gave a Lathi blow at his neck and Rajinder accused had give a Lathi blow at his forehead. Sudama further gave a tooth bite at Kanta Parshad's right hand fingers Kanta Parshad raised a cry which attracted Shiv Sagar, Ram Avtar Nanda, PWs to the spot who rescued him. Kanta Parshad was taken to the hospital where ultimately, he died on 4th July, 1983. The appellants were tried and the trial Court convicted them under Sections 326/34 and 323/34, Indian Penal Code.

(3.) DR . Deepak Parkash, PW 9, had examined Kanta Parshad at 10.30 p.m. on 28th June, 1983, and had found the following injuries :-