DEVENDRA SINGH Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 1.4.1998 and 2.4.1998 of the Additional Sessions Judge holding the appellant guilty for the offence punishable under Section 326 IPC and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo simple imprisonment for two months.

(2.) . Brief facts of the case, as noted by the learned Additional Sessions Judge, are that:

(3.) . The prosecution, in order to bring home its case, examined six witnesses. Of these, PW-1, Jai Bahadur, is the injured witness. In his statement, PW-1 has stated that on 30.10.1994, he was coming out of his jhuggi at about 10/11 p.m. to unnate and met accused, Devender Singh who questioned this witness for having urinated near his jhuggi upon which an altercation accrued and the accused took out a knife, gave a blow on the left side neck of the injured. This witness then ran towards his jhuggi where he fell unconscious. He regained consciousness in hospital and made a statement to the police at the police station This witness remained in the hospital for about 10 days. The injured, Jai Bahadur, was examined by Dr. Talwar, PW-5, who found that a major vein had been cut at the side of the neck and that the injury was dangerous to life. PW-3, Deepak Thapa, did not support the prosecution's case. However, when his statement under Section 161 Cr.P.C., was recorded, he has stated that the accused inflicted injury on Jai Bahadur whereafter Jai Bahadur was shifted to the hospital in the PCR van.