AMRIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this case, both the Appellants have been convicted under Section 307 read with Section 34 of the Penal Code and sentenced to undergo rigorous imprisonment for two years each besides a fine of Rs. 5,000 each. The High Court confirmed the conviction and sentence and dismissed their appeal. When the Appellants filed the special leave petition, we noticed that the injuries sustained by the victim in this case were so serious as warranting heavier sentence to be awarded in case the conviction has to be upheld. On that premise, notice was issued to the Appellants also to show cause why the sentence shall not be enhanced in case the conviction has to be upheld.

(2.) The facts of the case would show that the first Appellant, Amrit Singh caught hold of the victim, Pyare Lal and it was then the second Appellant, Hemant Singh inflicted a heavy blow on his head with a spade. The victim had suddenly fallen down unconscious. The fact finding Court believed the testimony of the eye-witnesses against which no serious criticism could be raised by learned Counsel for the Appellants.

(3.) It was first thought that the injury was not very serious as the Court only looked at the wound certificate issued by P.W. 14, Dr. Deepak Kapoor. It was noted as only an incised wound on the parietal region of the head and swelling on the tempero-parietal region surrounding the incised wound on the part of the head. In the X-ray examination, it was noticed that: the victim had compound, communicated, depressed fracture on the right tempero-parietal region along with left facial palsy and left sided hemiparalisis.