RAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 12-6-1997, rendered by the Court of Addl. Sessions Judge, sonepat, vide which it convicted the accused/ appellant raj Singh, for the offences, punishable under Sections 332 and 353 IPC, and sentenced him to undergo rigorous imprisonment for a period of one year, under section 332 IPC, and further sentenced him to undergo RI for a period of six months, for the offence, punishable under Section 353 ipc. Both the substantive sentences were, however, ordered to run concurrently. However, the accused was acquitted of the charge, framed against him, for the offence punishable under Section 333 IPC.

(2.) THE facts, in brief, are that on 29-11-1995, shyam Lal, District Revenue Officer, sonepat, PW -. 5, was distributing flood relief, to the villagers, in Village Chhapra, P. S. Baroda, whose houses had collapsed in the heavy rains, in the presence of Sarpanch of the Gram Panchayat, Lambardar and other respectable persons of the village. Raj singh alias Raju made an attempt to snatch the cash, from the hands of Shyam Lal, district Revenue Officer, Sonepat, PW-5. When he resisted his attempts, to snatch the cash, raj Singh @ Raju, accused, gave a punch at his nose, as a result whereof, it (nose) started bleeding. A portion of his upper teeth, was also broken. When Shyam Lal ran after him for catching hold of him, the Sarpanch and one Bishan helped the accused, to escape, after committing crime. It was further stated that the occurrence was witnessed by Piare lal and Om Parkash, Officials, who were present with Shyam Lal, District Revenue officer at the spot. On the basis of information given by Shyam Lal, District Revenue officer, Sonepat, PW-5, FIR No. 132 dated 29-11-1995 was registered against the accused in police Station Baroda. The statements of the witnesses were recorded. Accused Raj Singh was arrested. After the completion of investigation, the accused was challaned.

(3.) ON his appearance, in the Court of the Committing Magistrate, the copies of documents, relied upon by the prosecution, were supplied to the accused. After the case was received by commitment, in the Court of Session, charge under Sections 332, 333 and 353 IPC, was framed against him, to which he pleaded not guilty and claimed judicial trial.