Suresh Kumar vs State of Haryana

T.H.B. Chalapathi, J.

This appeal is of the year 1987. The appellant was convicted for the offences under Sections 326, 452 I.P.C. and sentenced to undergo R.I. for a period of three years and a fine of Rs. 1000/ and RI for 3 months respectively.

According to the case of the prosecution, the accusedappellant came to the Pan shop of the complainant and demanded two bottles of Khara Soda. The complainant refused to give him the bottles without there being any security for the return of empty bottles. Thereupon, the accused took out a knife and gave a blow on the complainant and another. On the basis of the complaint given by the complainant, the case is registered against the accused in F.I.R. No. 89 dated 17.2.1987 for the offences under Sections 307, 452, 324 I.P.C. at P.S. City Karnal.

After investigation the challan was presented and on the basis of the material placed before him, the learned Magistrate committed the case to Sessions. In order to prove the guilt of the accused, the prosecution examined 8 witnesses and certain documents. On consideration of the evidence on record, the learned magistrate convicted the accused for the offences under Sections 326 and 452 I.P.C. and sentenced him. It can straightaway be said that the offence under Section 452 I.P.C. is not made out. Admittedly, the complainant is running a Pan Shop selling soda and other beverages and Pan. So it is a place where anyone can enter. Therefore, admittedly, the accused went to the shop of the complainant with the intention of taking soda bottles. Therefore, it cannot be said that there is any intention of committing the offence of trespass on the complainant. Therefore, the conviction of the accused under Section 452 I.P.C. cannot be sustained. Accordingly, I acquit the accused for the offence under Section 452 I.P.C.

The case of the complainant is that when he demanded some security for the return of empty bottles, the accused took out a knife and caused injuries to the complainant. Though the case was registered under Section 307 I.P.C. the learned Additional Sessions Judge acquitted the accused for the offence under Section 307 I.P.C., rightly. PW3 is the Doctor who examined the complainant who found the injuries on the left side of chest. According to him, both the injuries were caused by sharpedged weapon. PW5 is the complainant. His evidence supported the case of the prosecution. PW6 is said to be an eyewitness. He also deposed that he found the complainant in a pool of blood and found the accused in the shop of the complainant. He also deposed that he saw the knife in the hands of the accused. Thus the evidence on record clearly shows that the accused inflicted injuries to the complainant on 16.2.1987. I, therefore, confirm the conviction of the accused for the offence under Section 326 I.P.C. The accused was a student and at the time of incident, he was aged about 18 years. The incident took place more than 12 years back. The accused was already in jail for about a month. In view of the lapse of time and age of the accused at the time of occurrence, I reduce the sentence to the period already undergone. The bail bonds stands cancelled.

JUDGMENTed accordingly.