DARSHAN SINGH Vs. STATE,

JUDGEMENT

(1.) THE appellant has come up against his conviction under Section 307 of the Indian Penal Code for which he has been sentenced to 3 1/2 years rigorous imprisonment by the Additional Sessions Judge, Delhi.

(2.) THE allegations by the prosecution were that on the 9th of July, 1971, the appellant had brought his mother -in -law Kaushilya Devi from Hansi to Delhi. She was taken to the shop of P.W. 9 Mahinder Lal where she sat for a while. The appellant is then alleged to have come with a cycle and he took her away on that cycle. It was alleged that at a lonely spot to which she was taken the appellant inflicted injuries with an iron rod which on medical examination were found serious. The appellant then decamped. After regaining consciousness the lady who appeared at the trial as P.W. 10, was seen by P.W. 6, with blood oozing out from her head and one of her eyes bulging out. She was saying that she had been brought from Hansi by her son -in -law. According to the prosecution P.W. 10, proceeded to a place near the shop of P.W. 7, Sarvan Singh. One of her eye balls was bulging out and she was having injuries. P.W. 3, Shiv Narain being on duty with the flying squad came to know about the occurrence, regarding which his statement before the trial Court was : - "At 10.49 P.M., I received information while on petrol duty that a woman was lying unconscious on Patpar Ganj Road. I reached the spot and I found a woman there. She had many injuries on her person. I got her admitted in Irwin Hospital and then I lodged a report at the police station Gandhi Nagar. Ex. P.W. 3/A is the copy of my report. I had mentioned the name of the injured in my report as Kaushalya Devi."

(3.) AFTER the investigation the police put in a challan and the proceedings for committing the accused for trial by the Court of Session were held. The injured Kaushalya Devi appeared as P.W. 2. in the course of these proceedings. She narrated the occurrence and after considering her statement along with other evidence the appellant was committed to stand his trial before the Sessions Judge. By the judgement dated the 21st of November, 1972, Shri D.C. Aggarwal, Additional Sessions Judge concluded that the appellant was guilty of an offence under Section 307 of the Indian Penal Code and convicting him he sentenced the appellant as noticed earlier. It has been urged on behalf of the appellant that the prosecution did not succeed in proving the case beyond reasonable doubt. After reading in detail the evidence of all the prosecution witnesses it has been urged that the only evidence which had necessarily any bearing on the occurrence was that of Kaushalya Devi and if the statement made by her before the Committing Court which was transferred to the record of the trial Court under Section 288 of the Criminal Procedure Code, hereafter called "the Code" was to be read along with her deposition as P.W. 10. then her testimony was not such which could be safely relied upon to sustain any conviction.