RADHEY SHAM AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17.04.2006, whereby the appellants have been convicted under Section 307 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC") as well as the order of sentence dated 18.04.2006, whereby they have been sentenced to undergo rigorous imprisonment for a period of four years each and to pay an amount of Rs.5,000/- each, in FIR No.335 dated 11.06.2002 registered at Police Station Sadar Gurgaon.

(2.) The case of the prosecution has been registered on the basis of the complainant Rajbir, who was employed as a driver with Jhangu Travels, Gurgaon. About 5-6 months prior to the date of occurrence, his cousin Kashmir Singh, who was injured in the occurrence, had come to Gurgaon to learn driving. Accused Radhey Sham and Dhan Singh were also residing in Gurgaon at that time. Rajbir, Kashmir Singh and accused Radhey Sham & Dhan Singh were living in a two room set in House No. 85, Surya Vihar, Gurgaon. They had a joint kitchen. About 15-20 days prior to the date of occurrence, there were differences between Kashmir Singh and accused Radhey Sham and Dhan Singh, as a result of which, Radhey Sham and Dhan Singh had left that house and were residing separately at some distance.

(3.) On 11.06.2002, at about 08:30 p.m., when Kashmir Singh was present in the courtyard of his rented house, Radhey Sham, Dhan Singh and Sanjay came there. Radhey Sham and Sanjay were armed with knives while Dhan Singh was having a hammer. Sanjay and Radhey Sham gave knife blows on the stomach of Kashmir Singh. Radhey Sham then took a lathi, which was lying nearby and struck the same on the head of Kashmir Singh. Complainant tried to rescue Kashmir Singh but in the meantime Dhan Singh gave a blow on the left elbow of the complainant with a hammer. The occurrence had taken place in the presence of landlord Abhimanyu. Soon thereafter, accused along with their weapons escaped from that place. The matter was reported to the police and injured Kashmir Singh was taken to Aryan Hospital, Gurgaon, where he was medico legally examined. He was later taken to Ganga Ram Hospital, New Delhi. The injury in the abdomen of Kashmir Singh was opined as dangerous to life by the Medical Officer and all the accused were arrested along with two knives and one hammer. After investigation, the accused were challaned and later charged under Section 307 read with 34 of the IPC, to which they did not plead guilty and claimed trial.