NARESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is instituted against judgment dtd. 13/2/2003 and order dtd. 14/2/2003, rendered by Sessions Judge, Faridabad, in Sessions Trial No. 7 of 13/3/2002. Appellants Naresh and Surender were charged with and tried for the offence punishable under Ss. 148, 302 read with Sec. 149 IPC. They were convicted and sentenced under Sec. 148 IPC to undergo one year rigorous imprisonment and to pay fine of Rs.250.00 each and in default of payment of fine, to further undergo one month rigorous imprisonment. They were also convicted and sentenced under Sec. 302 read with Sec. 149 IPC to undergo life imprisonment and to pay fine of Rs.500.00 each and in default of payment of fine, to further undergo rigorous imprisonment for two months. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution in a nutshell is that on 21/10/2001, on receipt of V. T. message from Police Station, Kotwali that Ajay Sharma had received injuries in accident and was admitted in Escorts Medical Centre, Faridabad, ASI Jagat Singh reached there. He recorded the statement, Ex. PC/1 of Mukesh Kumar. According to him, he was a student of 10+2 standard in Modern Vidya Mandir, Baghola. Ajay Sharma was his class fellow. He and Ajay Sharma had gone from village Devli to attend Dasothan ceremony at the house of their friend Jitender alias Jeetan at village Chhaprola on scooter. After staying there for about 45 minutes, they were coming back to village Devli. Ajay Sharma was driving the scooter while he was pillion rider. When they reached the out-skirt of village Prithla, at about 1.00 O'Clock, they saw a motor-cycle standing by the side of the road with two boys on its side. One of them was Kuldip resident of Prithla, who was a student of 10th standard in their school, whereas he did not know the name of other person. Kuldip was having a danda. Kuldip signaled towards the side of road. Accordingly, three more boys armed with danda in their hands also came and started beating Ajay Sharma with dandas. Due to the injuries, scooter got out of control. They fell down on the road. Immediately complainant got up and saw that Ajay Sharma was bleeding from his head and mouth. He became unconscious. The accused ran away from the spot. Ajay Sharma was taken to Diamond Hospital, Palwal, from where he was referred to Escorts Medical Centre, Faridabad. The injuries were caused to Ajay Sharma due to an altercation took place between Ajay Sharma and Kuldeep Singh about two months prior to the occurrence. Investigation was completed and challan was put up after completion of all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of the case. The statements of the accused were also recorded under Sec. 313 Cr.P.C. They denied the case of the prosecution. The accused were convicted and sentenced, as noticed above. Hence, the present appeal.