- (1.) This appeal is directed against the judgment of conviction / order of sentence dated 2.4.2008 passed by the Court of learned Additional Sessions Judge, Fatehabad whereby he convicted and sentenced accused-appellant Rakesh Kumar @ Sunda @ Ramphal Nath alongwith co-accused Nathu Ram to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.10,000/- each and in default of payment of fine, to further undergo simple imprisonment for six months for the commission of offence punishable under Section 394 read with Section 397 and 34 of the Indian Penal Code ( for short 'IPC').
(2.) Shorn of all unnecessary details, the prosecution case is that on 13.6.2006 a wireless message was received in Police Post, Bhirdana from Police Station Bhuna regarding admission of Mitha Ram in an injured condition in Community Health Centre Bhuna. On receipt of the information, ASI Madan Lal alongwith other police officials reached CHC, Bhuna and asked for opinion of doctor for recording the statement of the injured, but he was declared unfit. On the next day i.e. 14.6.2006, ASI Madan Lal again went to the hospital and after taking opinion of the doctor, recorded the statement of injured Mita Ram. He stated that he was driver on the Tractor make Eicher bearing registration No.HR-22A-5972 of Balwant Singh, who was having a saw machine at Tohana Road. Balwant Singh was also engaged in taking contract of cutting trees and was having that contract in Village Dhabi Kalan. On 12.6.2006 at about 7.30 PM, after loading the wood in the tractor trolley he was coming from Dhabi Kalan to Bhuna. When he reached at Bhattu Kalan Chowk, one Nathu Ram accompanied by one more person gave him signal to stop the tractor. Allowing them to take lift on his tractor, he started again.
(3.) When they reached near Village Dhingsara, Nathu Ram got the tractor stopped for urination. When they returned back after ten minutes Nathu Ram had an iron rod in his hand. They boarded the tractor and he (complainant) started for Bhuna. After they had crossed Jhalania and reached near a water hut (Piau), Nathu and his companion asked him to stop the tractor. Nathu went towards the Piau. Meantime, the other person Rakesh @ Sunda, whose name he had come to know when he was chatting with Nathu during travelling, opened a 'saffa' tied with the mudguard and put on his neck and brought him down. Nathu attacked on him with the iron rod and gave a blow on his back side. They pulled him with the 'saffa' and took him behind the 'Piau'. They caused several injuries to him and he became unconscious. They then took off his trouser (Pyjama) and putting the same in his head gave fire to it. Thinking that he had died, they ran away on the tractor trolley. When he regained consciousness, he found his mouth, hands and face burnt and the tractor -trolley was missing. On way to his house an unknown person gave him a piece of cloth to cover his naked body.;