DHARAM SINGH @ BINDER Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-accused against the judgment dated 31.01.2005 passed by the learned Additional Sessions Judge convicting him for the offences punishable under Sections 452/307 of Indian Penal Code ('IPC' in short) and the order dated 10.03.2005 whereby he was sentenced to undergo rigorous imprisonment for four years and also to pay fine of Rs.500/-, with a default stipulation, for the conviction under Section 307 IPC and to undergo two years rigorous imprisonment and to pay fine of Rs.200/-, with a default stipulation, for his conviction under Section 452 IPC.

(2.) Briefly stated, facts of the case as culled out from the FIR and prosecution evidence are that PW-1 Mahesh Roshan was running a grocery shop in a portion of his residential house no.263, Church Wali Gali, Fatehpur Beri, New Delhi. The appellant-accused was a neighbour of PW-1 and was a vagabond type of a person and he used to frequently stand outside his shop and PW-1 was telling him not to stand outside his shop as daughters-in-law and sisters (bahu-betiyaan) of the area used to come to his shop there but the appellant-accused did not listen to him and, in fact, he had abused PW-1 also. On 13.05.2001 when PW-1 Mahesh Roshan was sitting in his shop at about 9.30 in the morning the appellant-accused came entered his shop and told PW-1"tu bahut bolta hai, aaj mein tera hisab poora kar doonga" and then struck a knife blow on his left hand and while he was trying to save himself the appellant-accused stabbed him again on the right side of the abdomen and then ran away. In the meanwhile father and sister of the injured reached the spot and his father then took him to Safdarjung Hospital.

(3.) After receiving information about the stabbing incident recorded vide DD no. 7A(Ex. 7/A) on 13.5.2001 at Mehrauli police station Sub Inspector Jitender Kumar(PW-7) went to Safdarjung Hospital where the injured had been taken and had remained admitted for over a week. His statement was recorded by PW-7. In that statement, PW-1 narrated the aforesaid facts and then on the basis of that statement FIR no. 275/2001 was registered under Sections 452/307 IPC(Ex PW-7/D). The appellant-accused was arrested on 14.05.2001 and during his interrogation he made a disclosure statement(Ex. PW 6/B) and pursuant to statement and at his pointing out one knife was recovered and seized by the police vide seizure memo Ex. PW 6/C. The injuries sustained by PW-1 were found to be dangerous by the treating doctor in the hospital.