RAJK KUMAR ALIAS PAPPU Vs. STATE

JUDGEMENT

(1.) This appeal, preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the common judgment and order dated 2.4.1997 passed by the 2nd Additional Sessions Judge, Haridwar in Sessions Trial No. 230 of 1996, State v. Raj Kumar @ Pappu under Section 307 of Indian Penal Code, 1860 (for short, IPC) and Sessions Trial No. 229/1996, State v. Raj Kumar @ Pappu, under Section 25/4 of The Arms Act, 1959 (for short, the Act) whereby the accused appellant Raj Kumar @ Pappu has been convicted under Section 307 IPC as well as under Section 25/4 of the Act and sentenced to undergo R.I. for seven years under Section 307 IPC and simple imprisonment for one month under Section 25/4 of the Act. Both the sentences have been directed to run concurrently.

(2.) In brief, the prosecution case is that PW1 Brijmohan lodged an FIR Ex. Ka-1 with PS Kotwali Haridwar on 30.3.1996 at 9.40 pm with the averments that today at 9 pm his father Ganga Prasad (PW2) was going to purchase bidi. Near the shop of Daulat Tea Stall, the appellant accused in intoxicated condition was hurling abuses on two labourers. When the father of the complainant asked the accused appellant not to do so, then he assaulted him with a knife with intention to kill him. In this incident, his father Ganga Prasad received grievous injuries in his chest, back and buttock. On hearing the noise of his father, the complainant with the help of Dheeraj, Sanjay and Ashok caught hold the accused appellant along with the said knife. Ganga Prasad was taken to the hospital in serious condition by Dheeraj and some other persons, whereas the complainant brought the accused appellant to the police station with the help of his friends Sanjay and Ashok and lodged the FIR, on the basis of which chick FIR Ex. Ka-8 was prepared by Constable Clerk Hari Prakash (PW5). He also made the necessary entries in the GD. Copy of GD is Ex. Ka-9. He also prepared the fard of recovery of knife, that is Ex. Ka-2. Investigation of this case was entrusted to SI Km. Kamlesh Sharma (PW6). Subsequently the investigation of this case was transferred to Circle Officer Ishwar Chand Sharma. Injuries of PW2 Ganga Prasad were medically examined by PW3 Dr. OP Sharma on the same day i.e. on 30.3.1996 at 9.30 pm and he also prepared the medical report Ex. Ka-4 of injured Ganga Prasad, who was brought to him by Dheeraj Kumar. Thereafter supplementary report Ex. Ka-5 was also prepared by the same Medical Officer. Appellant accused was also medically examined by PW3 Dr. OP Sharma on the same day at 10.10 pm, who prepared his injury report Ex. Ka-6. X-ray of injured Ganga Prasad (PW2) was done by PW4 Dr. RK Pandey, who also prepared the X-ray report Ex. 7. During the course of investigation, the I.O. took into possession the bloodstained clothes and slippers of Ganga Prasad and prepared the fard Ex. Ka-3. The I.O. also collected bloodstained and plain soil from the place of occurrence and prepared the fard Ex. Ka-10. Bloodstained knife, clothes, slippers and soil were sent to the laboratory for chemical examination. Scientific Officer of the laboratory found human blood on the aforesaid articles. The I.O. also inspected the place of occurrence and prepared the site plan Ex. Ka-11. The Circle Officer also inspected the place of occurrence and prepared separate site plan Ex. Ka-12. During the course of investigation, the I.O. recorded the statements of the witnesses and after completing the investigation he filed the chargesheet Ex. Ka-13 under Section 307 IPC and 3(1) (10) of SC & ST Act. Separate chargesheet Ex. Ka-14 was filed against the accused appellant under Section 25/4 of the Act.

(3.) Learned Chief Judicial Magistrate, Haridwar after giving the necessary copies of the documents to the accused appellant as prescribed under Section 207 CrPC, committed both the cases under Section 307 IPC as well as under the case under Section 25/4 of the Act to the Court of Sessions on 28.6.1996. Learned Sessions Judge, 2nd Haridwar transferred these cases to Additional Sessions Judge, Haridwar for their disposal according to law. On 11.9.1996, learned 2nd Additional Sessions Judge, 4. Haridwar framed the charge against the accused appellant under Section 307 IPC. The charge was read over and explained to the accused appellant, who pleaded not guilty and claimed to be tried. On the same day, learned 2nd Additional Sessions Judge, Haridwar also framed the charge against the accused appellant under Section 25/4 of the Act. The charge was read over and explained to him, who pleaded not guilty and claimed to be tried. 5. To prove its case, the prosecution has examined PW1 Brijmohan, the complainant; PW2 Ganga Prasad, the injured witness; PW3 Dr. OP Sharma, who medically examined the injured Ganga Prasad as well as the accused appellant; PW4 Dr. RK Pandey, who conducted the x-ray on the injured Ganga Prasad; PW5 Constable Clerk Hari Prakash, who prepared the chick FIR and made the entries in the GD and PW6 SI Km. Kamlesh Sharma, the I.O. of the case. 6. Thereafter, statements of the accused appellant was recorded under Section 313 CrPC. The oral and documentary evidence were put to him in question form, who denied the allegations made against him. However, in defence, he did not produce any documentary or oral evidence. 7. After hearing learned counsel for the parties and after appreciating the evidence available on record, learned 2nd Additional Sessions Judge, Haridwar vide his judgment and order dated 2.4.1997 convicted and sentenced to the accused appellant as discussed above. Against the aforesaid judgment and order dated 2.4.1997, the accused appellant has preferred the present appeal. 8. I have heard learned Counsel for the parties and have carefully perused the entire material available on the record. 9. Before any further discussion, it would be pertinent to mention the injuries found on the body of injured Ganga Prasad (PW2) as mentioned in the medical report Ex. Ka-4 prepared by PW3 Dr. OP Sharma, who had medically examined him on 30.3.1996 at 9.30 pm and the same are reproduced as below: