Arvind Singh Sangwan JUDGMENT
Arvind Singh Sangwan, J.
1. Prayer in this appeal is for setting aside the judgment of conviction dated 10.12.2004 passed by the Additional Sessions Judge (Fast Track Court), Bhiwani, vide which the appellant was convicted under Section 307 of the Indian Penal Code (for short 'IPC') read with Section 34 IPC and the order of sentence dated 13.12.2004, vide which the appellant was sentenced to undergo R.I. for a period of four years, for an offence punishable under Section 307 IPC read with Section 34 IPC along with fine of Rs. 2,000/- and in default of payment of fine, to further undergo R.I. for six months.
2. Brief facts of the case are that on 11.11.2003, a VT message was received from Police Station Sadar, Bhiwani regarding admission of the injured Billoo in General Hospital, Bhiwani upon which Mukhtiar Singh ASI of Police Post Mundhal, went there and collected medical ruqa and MLR of the injured along with one parcel containing clothes. On the inquiry made by ASI Mukhtiar Singh in emergency ward of the hospital, it was learnt that injured had been referred to PGI MS, Rohtak. Thereafter, ASI Mukhtiar Singh went to PGI MS, Rohtak and after seeking opinion regarding fitness of the injured, he recorded statement of Billoo son of Pale Ram. It was averred by complainant Billoo that on 10.11.2003 at about 6.30 p.m., he had gone to the shop to bring sugar and tea and when he was returning to his house after procuring tea and sugar, then Vinod son of Ramdhari, Ajmer son of Ramesh and Naseeb @ Kalia son of Balbir, all residents of Dhanana, were standing on the way. He further alleged that when he was crossing by their side then Vinod put his leg in front of him, all of a sudden and due to that he fell down. He further alleged that Vinod and Ajmer overpowered him while Naseeb @ Kalia inflicted a knife blow on the left side of his waist. He raised alarm "mar diya mar diya" and on hearing his cries, his elder brother Ramesh and his cousin Wazir son of Ranjeet Singh came from his house and rescued him. He further alleged that the assailants went away with their respective weapons and thereafter, his brother Ramesh and cousin Wazir took him to General Hospital, Bhiwani after arranging a conveyance. He further stated that since he was having serious injury so the doctor of General Hospital, Bhiwani referred him to PGIMS, Rohtak for treatment. It was further stated that aforesaid assailants caused him injuries without any fault. On this statement of the complainant, FIR was lodged. Investigation was set into motion. Site plan of the place of occurrence was prepared. Statements of the witnesses were recorded by the police. Accused were arrested. After completion of the investigation, report under Section 173 Cr.P.C. was submitted in the Court of learned Illaqa Magistrate.
3. Copy of the challan was supplied to the accused persons and thereafter, the case was committed to the Court of Sessions. Two other accused persons Ajmer and Naseeb claimed themselves to be juvenile and in this regard, they had moved an application. On this, inquiry was conducted and both these accused persons were found to be juvenile and case against them was sent to the Principal Magistrate, Juvenile Justice Board, Hisar vide order dated 29.04.2004.
4. Present appeal was admitted and sentence of the appellant was suspended vide order dated 13.01.2005. During pendency of the appeal, the parties have settled their dispute and the matter was referred to the Mediation and Conciliation Centre of this Court for recording their statements and to submit a report with the........