VAKIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment I dispose of two Criminal Appeals Nos. 95-SB of 1997 titled Vakil and another v. State of Haryana, and 61-SB of 1997 title Balbir Singh v. State of Haryana, as both of them arise out of common judgment and order dated 10th January, 1997 passed by the learned Additional Sessions Judge, Panipat, who convicted Balbir Singh appellant under Section 307, Indian Penal Code, while Vakil and Sarwan appellants were convicted under Section 307 with the aid of Section 34 of the Indian Penal Code. Balbir Singh appellant was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 4,000/- and in default of payment of fine, he was ordered to undergo rigorous imprisonment for a further period of six months. Vakil and Sarwan were sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 3000/- each. In default of payment of fine, each of them was ordered to undergo rigorous imprisonment for a further period of four months.

(2.) BRIEF facts of the case can be noticed in the following manner :-

(3.) INJURED Shri Rajesh Kumar was examined by Dr. Mahavir Singh (P.W.5), who issued medico-legal report (Ex.PC), found single incised wound with clear cut margin and visible muscle present in right, hypochondriacs region of the sizes 3 cm. x 2 cm. This injury was kept under observation. The opinion of Dr. R.K. Goel about the nature of the injury was sought, who gave his opinion and on its basis Dr. Mahavir Singh (P.W. 5) declared the injury as dangerous to life.