KAMAL KUMAR Vs. THE STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 04.10.2001 thereby finding the appellant guilty for the offence under Section 307/506 of the Indian Penal Code (hereinafter referred to as 'IPC') and order on sentence of the same date, whereby he has been sentenced to undergo rigorous imprisonment for three years with fine of Rs. 2,000/-, and in default of fine, to further undergo rigorous imprisonment for two month, further the appellant was sentenced to undergo rigorous imprisonment for two years for the offence under Section 506 Part II of IPC the appellant has preferred the present appeal.

(2.) The facts giving rise to the present appeal are within that on 25.01.1997 at about 11 AM one Maheshwari, sister of complainant Shishpal was returning alongwith her friend Dulari from School. The accused teased her, to which the complainant objected whereupon the accused slapped the complainant. The complainant alongwith his elder brother Kalyan Singh approached the accused. Complainant slapped the accused and asked him not to repeat his act. Thereafter, at about 1.45 PM, complainant and his brother were unloading wooden phattas from trolly in front of their house. The accused who used to give coaching and resided in their neighborhood came alongwith 10/12 boys. Accused and one other boy climbed the trolly. Accused had a knife in his hand and the other man had a khukri. It is further alleged that the other man started hitting the complainant with khukri but complainant could save himself. On this the accused uttered that complainant had slapped him, defamed him and he would kill the complainant on that day. By saying so, he attacked on the left side of the chest of the complainant. The complainant took a turn and the knife hit on the left armpit of the complainant. Accused again hit on the back side of the left thigh and left hip. Brother of the complainant came to save him. The other man with khukri stopped brother of the complainant. In the meantime crowd gathered there and the accused alongwith his associate ran away and while running, the accused left a threat that complainant survived on that day but would be killed on some other day. Thereafter, the injured was taken to GTB Hospital by PCR van. MLC of the injured was collected and statement of injured was recorded whereupon the present case was registered against the accused. During investigation, the accused was arrested and made his disclosure statement. Statements of the witnesses were recorded and after completion of investigation, charge sheet for the offence under Section 307/506 of IPC was registered against the accused, to which he did not plead guilty and claimed trial.

(3.) To prove the charges against the appellant, the prosecution examined 12 witnesses. They are; Dr. B.D. Singh, (PW-1); Head Constable Ashwani Kumar (PW-2); Head Constable Ombir (PW-3); Kumari Maheshwari (PW-4); Dulari (PW-5); Kalyan Singh (PW-6); Shishpal (PW-7); Constable Sevinder Kumar (PW-8), Sub-Inspector Amar Singh (PW-9); Radhey Shyam (PW-10); Sub-Inspector Yogesh Malhotra (PW-11) and Constable Mahinder Singh (PW-12).