BIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant herein has been convicted by the courts below for alleged commission of an offence punishable under Section 307 of the Indian Penal Code on the charge of attempt to commit murder of one Shri Harjit Ram, an Assistant Sub-Inspector of Police attached to a police out- post situate at Jahlama. The appellant herein is a resident of village Rape. Jahlama police out-post is situated at a distance of about 3 kms. from the said village in one of the remote districts in the State of Himachal Pradesh. He came to the said police out-post at about 8.30 p.m. and asked the police personnel to accompany him to the village Rape as, allegedly, a faction fight had been going on thereat. In the said out-post, apart from A.S.I. Harjit Ram, other two constables, namely, PW4 Devi Singh and PW5 Tashi Dorje were also present besides two other constables, namely, Bhim Singh and Dile Ram. On his request to visit the said village, the appellant allegedly declined to accede to his request stating that as it was late in the night and the road as well as the path leading to the village were sloppy and also not in good condition because of the nullahs having been spate due to heavy flow of water, it would not be safe to undertake any journey at that hour of the night. He was assured that police party would be sent to the said village early in the morning on the next day. The appellant was also advised not to go back at such time and stay at the police post. He is said to have complied with the said request. The building, wherein the police post is situated, is a double storeyed one. On the ground floor, the office of the police was housed, whereas on the first floor, there was the kitchen. The informant asked the appellant to accompany him to take his meals. While going from the office room to the kitchen, the injured started climbing the ladder at that time. He was allegedly given a blow by the appellant with his khukhri on the right side of his face below the eye starting from rear of the nose extending right up to the lobe of the ear. When he looked back, another blow was hurled on him resulting in causing a cut injury on his right elbow horizontally. With a view to snatch the said khukhri from the hand of the appellant, the informant sustained injuries in his hands. Hearing the noise, PW4 and PW5, together with other two constables, arrived at the spot running and overpowered the appellant. The injured snatched the khukhri from his hand. He was, thereafter, shifted to the room of the upper floor of the building. The appellant was said to have been detained in the office room. There was a small hospital at a place known as Shansha, which was situated at a distance of 3 to 4 kms. from Jahlama. A doctor from the said hospital was summoned through a constable who reached the police post at about 12.00 Oclock in the night. The wounds of the injured were stitched. The Pradhan of the village was said to have been summoned. The said incident was recorded in the Daily Diary and PW4 Devi Singh took the same to the District Headquarter situated at Keylong, which is said to be situated at about 26 kms. away from Jahlama. The Investigating Officer, PW9 Shobha Ram, visited Jahlama on the night of 8/9th May, 1988 and started investigation. On the next morning, the injured was sent to the Hospital at Shansha. He was thereafter referred to the District Hospital at Keylong.

(2.) Upon completion of the investigation, a charge-sheet was filed under Section 307 of the Indian Penal Code.

(3.) The injuries sustained by PW1 are as under: