RATAN LAL Vs. STATE

JUDGEMENT

(1.) This is a jail appeal. Appellant was tried in the Court of Additional Sessions Judge/Special Judge (E.C. Act), Dehradun in S.T. No. 34 of 2000, State v. Ratan Lal for an offence punishable under Section 307 of the IPC on the allegation that on 6-12-1999 at about 11-45 p.m. near Machan Hotel-Body, situate in Old Mussoorie road within the Police Station of Rajpur, District Dehradun, he made an attempt to commit murder of Smt. Usha Devi and while making assault on her by a chopper-knife (Gandasa), a sharp edged weapon, caused her injuries.

(2.) In order to prove its case, the prosecution had examined eight witnesses including the victim-injured Smt. Usha Devi as P.W. 2. The FIR of the occurrence was lodged by her husband Om Prakash (P.W. 1) who had also witnessed the occurrence along with his son Umesh Kumar (P.W. 3). Injured Smt. Usha Devi was medically examined at Doon Hospital, Dehradun by Dr. A. K. Rastogi (P.W. 5), whereas the X-Ray of the effected part of the victim was done by Dr. B. C. Ramola (P.W. 4), a Radiologist in the said hospital. Head Constable Chandagi Ram (P.W. 6) has registered the FIR on the basis of the written report (Ext. Ka. 1) filed by P.W. 1 at the police station. Another witness Mukesh, a witness of recovery of the weapon of the assault at the instance of the appellant, was also examined as P.W. 7 and Investigating Officer of the case SSI Ganesh Prasad Baunthiyal was examined as P.W. 8 in the case. He has proved the various steps taken towards the investigation of the crime and ultimate filing of the charge-sheet against the accused-appellant on 20-1-2000.

(3.) Injuries sustained by Smt. Usha Devi proved by the evidence of Medical Officer are as below :