SURJEET Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant against the judgment dated 11.12.2002 passed by the court of Additional Sessions Judge, Faridabad by which the appellant was convicted for having committed offences under Sections 326 and 506 IPC and he was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 20,000/- under Section 326, IPC. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of one year. He was also sentenced to undergo rigorous imprisonment for six months under Section 506 IPC.

(2.) The facts of the case are that on 9.12.1998 at about 8 P.M., a minor altercation took place between Rohtash -complainant and Surjeet Singh - accused/appellant but the respectable persons intervened and the situation was saved. On 10.12.1998, at about 5.30 P.M. Rohtash complainant along with Varinder and Shiv Narain were present in the office of Vijay Property Dealer. Surjit Singh appellant came there and he called the complainant out. Rohtash went out. When he reached near Surjeet-accused, he (complainant) was attacked with a knife by the accused/appellant. The first knife blow was struck on the right side of the chest of Rohtash while the second blow fell on the right flank. Rohtash raised alarm which attracted Varinder and Shiv Narain and they saved Rohtash from accused Surjeet Singh. Surjeet Singh-accused went away leaving a threat that the complainant will not be spared. Virender and Shiv Narain shifted Rohtashcomplainant to B.K. Hospital, Faridabad and the intimation was sent by the Doctor to the police. The police reached there. The statement of Rohtash was recorded by the police at 7.30 P.M. and the present case was registered under Sections 324 and 506 IPC.

(3.) During the investigation of this case, Rohtash was got medically examined and treated. The accused was arrested and the knife was recovered from him. The doctor reported that. the injuries on the person of Rohtash were dangerous to life and the offence was converted into one under Section 307 IPC. Investigation was completed and the accused was sent up for trial.