AMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 02.11.2015 rendered by the learned Sessions Judge, Kaithal, in Sessions Case No.24 of 2014 whereby the appellant, who was charged with and tried for offences punishable under Sections 323, 302, 506 read with Section 34 of the Indian Penal Code (in short 'IPC'), was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months for offence under Section 302 read with Section 34 IPC. He was also convicted and sentenced to undergo rigorous imprisonment for a period of six months for offence under Section 323 read with Section 34 IPC. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution in a nutshell is that on 15.08.2014 on receipt of a telephonic message from Police Post General Hospital Kaithal regarding admission of Jagpal son of Sadhu and Sushil son of Mahabir, residents of village Keorak in General Hospital, Kaithal due to injuries sustained in a scuffle, ASI Shiv Kumar (PW9) along with Constable Surender reached the General Hospital, Kaithal. He moved an application Ex.PJ upon which the concerned Medical Officer opined that injured Sushil was fit to make statement whereas Jagpal had been referred to PGI Chandigarh. He recorded statement of the complainant Sushil Kumar Ex.PA. The complainant narrated that he was student of B.A. Part II. On 15.08.2014, he along with his brother Karamjit (PW-12) and uncle Jagpal were returning to their house from the fields. They were on motor cycle. It was driven by him. His brother Karamjit and uncle Jagpal were pillion riders. At about 11.00 A.M. when they reached on the road and were crossing the car already parked there, in the meanwhile, Amit, Lehna, Balbir and Telu sons of Harbans, Ajay son of Telu and Hansa son of Kabaj residents of Joshi Patti, Keorak, came out of the fields of sugarcane. They raised lalkara that the complainant party should not be left alive and lesson must be taught to them for abducting their girl forcibly. All the assailants were armed with gandasis and lathis. They started beating the complainant and his uncle Jagpal. His brother Karamjit fled away from the spot. On hearing the noise, his father Mahabir and owner of the land Krishan came on the spot. The assailants ran away from the spot. His uncle Jagpal had succumbed to the injuries at PGI Chandigarh. Post-mortem was conducted. Accused Amit was arrested. He made a disclosure statement Ex.PN. He got recovered one wooden stick. It was taken into possession vide memo Ex.PP. Accused also got recovered motor cycle bearing No.HR-8Q-9612. It was taken into possession vide Ex.PR. On the disclosure statement of Amit, co-accused Ajay son of Telu Ram (juvenile) was also arrested on 20.08.2014. During the course of investigation, Telu Ram, Lehna Singh, Balbir Singh sons of Harbans and Hans Raj alias Hansa son of Kabaj were found innocent. As such offence under Section 149 IPC was deleted and Section 34 IPC was inserted. The challan was put up after completing all the codal formalities.

(3.) The prosecution has examined a number of witnesses. Statement of accused was also recorded under Section 313 Cr.P.C. He denied the case of the prosecution. The appellant examined one witness in his defence. The appellant was convicted and sentenced, as stated hereinabove. Hence this appeal.