ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) Ashok Kumar son of Rishi Parkash resident of RanaMamurpur, Narela, Delhi, was tried for the offence under Section 307, Indian PenalCode in FIR No. 167/75, Police Station Narela, Delhi, with the allegations that on1.8.75 at about 6.30 p.m. Ashok Kumar inflicted head injury with a sharp pointedweapon to Rajesh son of Hari Chand, complainant, near House No. 1921, Mamurpur, within the jurisdiction of Police Station Narela and also on the head of KumariKhazani daughter of Hari Chand, with such intention or knowledge and undersuch circumstances that if by that act she had died, he would have been guilty ofmurder and, thus, committed an offence punishable under Section 307, IndianPenal Code.

(2.) Ashok Kumar pleaded not guilty to the charge and claim trial. In supportof its case the prosecution examined Bhagwat Saroop, PW/1; Khazani Devi, PW/2; Channo Devi, Public Witness /3; Hari Chand, PW/4; Constable Kali Ram, PW/5; ConstableUrned Singh, PW/6; Head Constable Shodan Singh, PW/7; Dr. Renu Behl, PW/8;Khazan Singh, record Clerk, Irwin Hospital, PW/9; Dr. S.K. Mathur, PW/IO; andS.I. Kishori Lal, PW/I 1. Statement of the accused Ashok Kumar was recorded on30.6.76 in compliance of the provisions contained in Section 303 of the Code ofCriminal Procedure when a chance was given to him to explain the incriminatingevidence produced against him by the prosecution. He has denied all theallegations and claimed that it was a false case and witnesses deposed against himon account of enmity. It was also pleaded by him that on 1.8.75 he was passing bythe shop of Hari Chand when after calling him in the shop he was given abuses forhaving given bearings to Rajesh son of Hari Chand and that he was, thereafter,dragged inside the house by Hari Chand, Kazani, Dhanno and Bhagwat Saroop.He has also claimed that he tried to free himself and in that process Khazani Devireceived a push on account of which her head struck against a pillar causing injury.He examined Diwan Singh DW/1 and Ram Nath DW/2 in his defenes. Afterhearing arguments Ashok Kumar was convicted under Section 307 and sentencedto R.I. for three years with a fine of Rs. 200.00 or in default to undergo further R.I.for two months by the Additional Sessions Judge, Delhi vide judgment dated

(3.) Feeling aggrieved from his conviction and entence Ashok Kumar filed thisappeal which was admitted on 7.12.1976 and he was ordered to be released on bail.