SOM DUTT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 03.06.1996 passed by Additional Sessions Judge, Kurushetra convicting the accused under sections 324 and 307 of Indian Penal Code and sentencing him to undergo rigorous imprisonment for five years and to pay fine of Rs. 500/- under Section 307 IPC and rigorous imprisonment for one year and to pay fine of Rs. 200/- under Section 324 of IPC.

(2.) THE facts which could conveniently be traced from the statement of Gurmel Singh (PW-7) complainant, (hereinafter referred to as "Complainant") made before the police on 05.03.1995 which became the foundation of the case are that the complainant was studying in B.A. Part-II in I.G. College, Tohana. On 03.03.1995 , he along with Surjit Singh (PW-8) his friend, had come to Jyotisar to attend the marriage of his father's sister's husband brother. On 04.03.1995 at around 10.00 p.m when they were attending Ghorchari (one of the ceremonies of the marriage), one Murari had an altercation with Som Dutt appellant whereas the complainant and Surjit Singh (PW8) intervened, at which, Murari left the place but accused/appellant felt annoyed on account of their intervention and attacked complainant with a knife hitting him on his right flank and also gave two knife blows to Surjit Singh (PW8). On raising hue and cry, accused fled away. Consequently, the complainant along with Surjit Singh was admitted in the LNJP hospital at Kurukshetra where statement of the complainant was recorded, which was made the basis of FIR against him. Consequently, it was investigated and challan was presented against him.

(3.) THE prosecution, in order to substantiate the charges, examined PW1 Dr. N. Khandelwal, Associate Professor, Department of Radiology, PGI, Chandigarh who radiologically examined Surjit Singh on 04.03.1995 and thereafter, his injuries were X-rayed but no bony injury could be detected, soft tissues were found having swelling and air was seen in the left lower chest.