SRI KRISHAN Vs. THE STATE

JUDGEMENT

(1.) By way of present appeal, a challenge has been made to the judgment dated 24th May, 2000 and order of sentence dated 26th May, 2000 passed by the learned Additional Sessions Judge in S.C.No.154/98 arising out of FIR no.143/98 u/s 308 IPC Police Station Timar Pur whereby the appellant has been convicted for the offence punishable u/s 308 IPC and vide aforesaid order of sentence, has been sentenced to undergo RI for two years with fine of Rs.500/- each and in default of payment of fine, to further undergo RI for three months each.

(2.) The case of the prosecution is based on statement Ex.PW 1/A alleged to have been made by Akbali Yadav, PW-1 to ASI Mahipal Singh, PW-4 wherein it is alleged that on 13th March, 1998 on the day of Holi, he along with his uncle i.e., injured Jagdish Yadav PW 2 had gone to play Holi in their neighbourhood. In the meanwhile, some neighbours had informed that a crowd had gathered in the Gali. Thereupon he along with Jagdish Yadav, PW-2 had gone there. It was about 1.30 pm. There they saw appellant was uttering abuses. They objected to the same. The appellant asked them to remain quite. His uncle injured Jagdish yadav, PW-2 gave a slap to the appellant. The appellant left the spot and told him that he would teach them a lesson. The appellant went to the house of his brother-in-law Parkash and brought a 'lathi" and gave a lathi blow on the head and forehead of the injured Jagdish Yadav, PW-2. As a result of which, blood started coming out from his head and he became unconscious and fell down. Thereafter, Jagdish Yadav, PW-2 was removed to Tirath Ram Hospital.

(3.) The above statement was recorded by ASI Mahipal Singh, PW4 in Tirath Ram Hospital. Prior to that ASI Mahipal Singh, PW-4 had gone to the spot on receipt of DD No.9A i.e., Ex.PW3/A. however, nobody was found at the place of occurrence. He remained there for quite some time. At about 10.10. pm, Complainant Akbali Yadav, PW-1 came at the place of occurrence and told him that injured Jagdish Yadav, PW-2 was admitted at Tirath Ram Hospital. Thereupon ASI Mahipal Singh went along with the complainant PW-1 to the hospital and obtained MLC Ex.PW 6/A of the injured who was declared unfit for making statement. Thereupon, he recorded the aforesaid statement Ex. PW1/A and got registered FIR Ex.PW 3/B against the appellant.