- (1.) THIS judgment shall dispose of two connected Criminal Appeal Nos. S -253 and 684 of 2002, arising out of the same judgment dated 19.1.2002 whereby the appellants were convicted and sentenced in case bearing FIR No.59 dated 15.2.1999, Police Station City, Bhiwani, as follows : - All the appellants JUDGEMENT_429_LAWS(P&H)3_2014.htm
(2.) ON 15.2.1999, the complainant Subhash Chander, after leaving his wife at school returned to his house. The moment he entered the gallery of his house, after parking the car, some one fired at him from the left side room. However, the fire missed the complainant and hit the wall. In the meanwhile, a person came from the right side room of his house and both the assailant caught the complainant and took him to the room on the left side. The complainant was given knife blow by one of the assailant and the other snatched the key of the car from him. In the meanwhile, son of the complainant, Puneet and daughter Ruchi also came out of the house crying. The assailants were four in number. The three ran out of the house while the fourth, who had snatched the key, started the car of the complainant. The complainant tried to catch him by breaking the glass of the car, but the assailant succeeded in taking away the car leaving his pistol there. Many persons gathered at the spot and took the complainant to the hospital where he was medically examined by Dr. Hemant Singh (PW1), who found the following injuries on his person: - 1. Incised wound measuring 2.0 cm x .25 cm obliquely placed, on the outer border of the pinna of the right ear in the upper part. The wound shows clean cut edges with tapering ends. Fresh bleeding present from the wound. Advised ENT surgeon's opinion. 2. Incised wound measuring 6.0 cm x 1.0 cm x 0.5 cm obliquely placed, behind the right ear and in the line with injury No.1 on the right side of the head in the tempero occipital region. The wound shows clean cut edges with tapering ends. Fresh bleeding present from the wound. Advised x -ray skull and surgeon's opinion." In the opinion of the doctor, both the injuries were caused by sharp edged weapon. On x -ray examination of the injury by Dr. K.L. Bawa (PW11) no fracture was found and the injury was declared as simple in nature.
(3.) ON receipt of the information, the police reached the hospital and sought medical opinion of the doctor to record the statement of the complainant, but he was declared medically unfit to make the statement. The police again visited the hospital in the after noon and recorded statement of the complainant at about 4.00 p.m. The complainant who was posted as Junior Engineer -I in Construction Sub -Division at Electricity Department, Bhiwani, was under suspension w.e.f. 31.12.1998. His wife was posted as Teacher in Bhiwani Public School. He had been going to leave his wife to school in his car bearing registration No.DAI -86. A day before the occurrence, when he returned after dropping his wife to school, he was told by his children that three boys had come to his house and were enquirng about him. As the complainant was not at home they went away.;