VASU DEV Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted of an offence under Section 326, Indian Penal Code, by an Additional Sessions Judge vide judgment dated 4th November, 1981 and has been sentenced to rigorous imprisonment for two and a half years and a fine of Rs.l,000.00 . In default of payment of fine, he has been awarded further rigorous imprisonment for nine months. However, half the amount of the fine, if and when realised, has been directed to be paid to the injured Kashmiri Lal by way of compensation. Feeling aggrieved he has preferred this appeal against his conviction and sentence.

(2.) The prosecution version succinctly is that on the night intervening 4th and 5th November, 1979, at about 11.15 P.M., Kashnoiri Lal, a vegetable seller in Subzi Mandi, Azadpur, was talking to Ashok Kumar, also a vegetable vendor in the same market in front of shop No.A-361, Subzi Mandi, which be.ongs to one Subhash. The appellant came overthere and stood closeby to Kashmiri Lal and Ashok Kumar. Kashmiri Lal objected to the same and asked the appellant to go away as they were having some private talk. The appellant, however, retorted by saying, "Does this place belong to your father ?" and he refused to move away. Kashmiri Lal then gave him a push and the appellant went away. However, after a few minutes the appellant again emerged on the scene and dealt a blow with a Chhuri on the rightside of the abdomen of Kashmiri Lal with the result that he fell down and became unconscious. One Ravinder (Public Witness 5) who happened to be present nearby and Kashmiri Lal chased the appellant, who then took to his heels, for some distance but he managed to escape. Ravinder then removed the appellant to Hindu Rao Hospital where he was medically examined and admitted for treatment. In the meantime, someone informed the police control room about the admission of Kashmere Lal to Hindu Rao Hospital in injured condition and on the message being fleshed by the police control room to Police Station Adarsh Nagar, ASI Pehiad Singh who was entrusted with the investigation of the case reached Hindu Rao Hospital on a motor-cycle and after permission of the doctor, who declared the injured Kashmiri Lal to be in a fit condition to, make statement, recorded statement Ex. Public Witness 3/A of Kashmiri Lal. A case under Section 307/34, Indian Penal Code was then registered on this basis. The injured was operated upon for the abdominal injury sustained by him and eventually he was discharged from the hospital on 8th December, 1979.

(3.) The prosecution version has been unfolded by the injured Kashmiri Lal as Public Witness 4 and has been duly corroborated by Ravinder (Public Witness 5) and Ashok Kumar, Public Witness 8, who happened to be present at the time & place of occurrence. The evidence of all these witnesses is fairly uniform and consistent except for some minor discrepancies here and there. For instance, according to Kashmiri Lal, this incident took place on 11th May, 1979 although there is positive documentary evidence to show that the incident actually took place on the night intervening 4th and 5th November, 1979. Such like lapses may will be attributed to the fact that the witnesses are not literate.