RAJBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed for setting aside the judgment of conviction dated 05.08.2005 and order of sentence dated 09.08.2005, vide which the appellant was held guilty for commission of offence punishable under Section 307 IPC and sentenced to undergo rigorous imprisonment for a period of 07 years and to pay a fine of Rs. 5,000/-; in default of payment of fine, the appellant was directed to further undergo rigorous imprisonment for a period of three months.

(2.) Brief facts of the case, as per FIR, are that on 12.05.2001 at about 8.30 AM, complainant/injured PW-9 Mahesh going on foot and when he reached in front of the house of accused Muktiar Singh, he was hit on his right arm with a lathi by Muktiar Singh. Other accused Charan Singh also gave a lathi blow which hit on the right side of the chest of complainant and he fell down. In the meantime, both of them climbed over the roof and started throwing brick bats, due to which, Pooja suffered head injury. The inhabitants of the area intervened and rescued them.

(3.) Thereafter, the complainant as well as PW-10 Pooja were taken to the hospital, where they were medico-legally examined. Initially the police recorded a DDR Ex. PG and thereafter, the FIR Ex. PG/2 was registered on 24.05.2001. The police arrested two accused persons Muktiar Singh and Charan and thereafter the appellant was arrested. On completion of investigation, the report under Section 173 Cr.P.C. was submitted against all the accused persons.