S.S.SUDHALKAR, J. - (1.) THIS appeal arises from the conviction and sentence awarded by the learned Additional Sessions Judge, Sonepat against the appellant. The appellant was tried and convicted for the offence under section 307 of the Indian Penal Code for attempting to cause death of Mukesh Kumar and was sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo further rigorous imprisonment for one year. Being aggrieved by the said conviction and sentence, the appellant has filed the present appeal before this Court.
(2.) THE case of the prosecution is that the injured-Mukesh Kumar son of Dharam Singh is a resident of Sonepat. About 8/10 days prior to the incident, an altercation had taken place between the complainant (Mukesh Kumar) and the appellant over rash and negligent driving of motor cycle. The appellant, at that time, had hurled abuses and threatened him by saying that he would see him later on. On 23.4.1988 at about 7.30 p.m. the complainant had gone to the katcha quarters to purchase vegetable. He met Jasbir Singh and one more person there. When the complainant reached the path leading to katcha quarters from the ESI Dispensary, the appellant met him near the third lane towards the right hand and gave a call to him saying "Mukesh, listen to him". The complainant accompanied the appellant in the street and had hardly covered a short distance when the appellant started saying that he was in his (complainant) search and the appellant at once took out a spring actuated knife and inflicted its blows on the abdomen and chest of the complainant. Jasbir and his companion were also there, and witnessing this occurrence. The complainant ran upto Subhash Chowk on foot and then the complainant stopped a scooter by giving a signal to the driver who was not known to the complainant and the scooterist gave him a lift to the hospital and went away. In the hospital, the doctor gave him first aid and stated that his condition was serious. In the meantime, the complainant asked the doctor to call the friends of his brother-in-law. The complainant was then taken to the Medical College, Rohtak and thereafter he became unconscious and when he regained his consciousness on 25.4.1988, his complaint was recorded. The complaint was considered as an F.I.R. by A.S.I. Khushi Ram of Police Post M.T. Sonepat and investigation was started. After completion of investigation, challan was lodged in the court of Ilaqa Magistrate, Sonepat who committed the same to the court of Sessions. After trial, the appellant was convicted and sentenced by the learned Additional Sessions Judge, Sonepat. As stated above, this is an appeal against the said order of conviction and sentence awarded by learned Additional Sessions Judge, Sonepat.
(3.) WE have heard Mr. R.S. Ghai, Senior Advocate with Mr. Vipin Ghai, Advocate for the appellant and Mr. D.S. Bishnoi, learned Deputy Advocate General Haryana for the State.;