Dalip Singh vs State of Haryana

Sabina, J.—Petitioner-Dalip Singh was convicted for an offence under Sections 323, 324, 326 of the Indian Penal Code (''IPC'' for short) by the Judicial Magistrate First Class Hisar vide judgment dated 17.12.1999. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for three months u/s 323 IPC and to undergo rigorous imprisonment for one year u/s 324 IPC and to undergo rigorous imprisonment for three years u/s 326 IPC. All the sentences were ordered to run consecutively.

Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Hisar vide judgment dated 3.6.2002. Hence, the present revision petition.

The brief facts of the case, as noticed by the Appellate Court in para 2 of its judgment, is as under:

Brief facts of this case are like this that on 28.7.1999, a ruqa medical was received regarding the admission of Jattan Singh and Bhag Mal in the Govt. Hospital, Adampur in the police station Adampur on which Om Parkash HC went to Govt. Hospital Adampur to record their statement, but they were not found fit to make statement. On 29.7.99 Om Parkash HC again went to the Govt. Hospital, Adampur where Jattan Singh was opined fit to make statement and in his statement, he has stated that he is resident of village Kohli and is a labourer. He has stated that on 28.7.99 at about 9.00 p.m. he alongwith his brother Bhag Mal were coming to Dhani then in the way appellant-accused Dalip Singh son of Sohan Lal met them. He was having a gandasi in his hand. He caused injuries with gandasi on the person of Jattan Singh. Bhag Mal tried to intervene in the matter but appellant-accused Dalip Singh also caused injuries to Bhag Mal. They raised alarm, in the meantime, Ram Kumar son of Sohan Lal came there and on seeing Ram Kumar, the appellant-accused fled away from the scene. The bone of contention was that appellant-accused has entered the house of Jattan Singh without any reason due to which he complained to his family members and that''s why he was nursing a grudge against them. Injured were admitted in the Govt. Hospital, Admapur on whose statement the case FIR No. 160 dated 29.7.99 under Sections 323,324 and 326 IPC Police Station Adampur was registered. Investigation started. Statement of witnesses recorded and challan was put in the court of Illaqa Magistrate.

I have gone through the record of the case with the assistance of the learned Counsel for the State.

Prosecution, in order to prove its case, examined injured Bhag Mal (PW2) and Jattan Singh (PW4). Both the witnesses proved the prosecution case with regard to the manner of occurrence. As per the prosecution case, the petitioner was armed with a gandasa and caused injuries on the person of Jattan Singh and Bhag Mal.

As per the medical evidence, three injuries were found on the person of Bhag Mal and five injuries were found on the person of Jattan Singh. Injuries No. 1 to 3 on the person of Jattan Singh (PW4) were opined to be grievous in nature as he had suffered fracture of both frontal bones of skull. These injuries were opined to have been caused with sharp edged weapon. Bhag Mal suffered fracture of nasal bone i.e. injury No. 2 and the same was declared grievous in nature.

As per the custody certificate placed on record by the learned Counsel for the State, the petitioner has already undergone the sentence of imprisonment on 1.4.2004.

Thus, the prosecution had been successful in proving its case and the judgments of the Courts below whereby the petitioner was convicted and sentenced u/s 323, 324, 326 IPC call for no interference.

Accordingly, this revision petition is dismissed.