MOHAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal jail appeal is received through the Superintendent, Sub-Jail, Haldwani, District Nainital, where the appellant has challenged the judgment and order dated 04.01.2014, passed by the 2nd Additional District and Sessions Judge, Nainital in Session Trial No. 30 of 2013 (State Vs. Mohan Singh), in which the accused/appellant has been convicted under Sections 307/450/506 of the Indian Penal Code (from hereinafter referred to as the "IPC") and Section 4/25 of the Arms Act, and has been sentenced to undergo rigorous imprisonment for the offence under Section 307 of IPC for a period of seven years with a fine of Rs. 7,000/- and six months additional simple imprisonment in case of default in payment of fine. For the offence under Section 450 of IPC, he has been sentenced to undergo three years of rigorous imprisonment with a fine of Rs. 5,000/- and five months additional simple imprisonment in case of default in payment of fine. For the offence under Section 506 of IPC, he has been sentenced to undergo one year of simple imprisonment with a fine of Rs. 2,000/- and two months additional simple imprisonment in case of default in payment of fine. The appellant has further been sentenced for the offence under Section 4/25 of the Arms Act for one year of simple imprisonment with a fine of Rs. 1,000/- and one month additional simple imprisonment in case of default of payment of fine. All the sentences are directed to be run concurrently. The appellant is in jail.

(2.) As per the prosecution, the accused entered the house of the complainant Harish Chand Arya at about 12:45 P.M. in the afternoon when his 12 years old son Manoj Kumar Arya was alone in the house. It has also come in the evidence that the accused at the relevant time was carrying a knife and was under influence of liquor. The appellant dragged the son of the complainant inside the house and assaulted him many times with the knife he was carrying, as a result of which, this 12 years old child sustained as many as 18 injuries, mainly on his head but also on his palm, hands and other places. He lost his conscious and it was only when his mother reached the house that he could be taken to the hospital and given medical aid, as a result of which he survived. The incident is of 30.11.2012. Since the child was being hospitalized and was in ICU of a private Nursing Home, namely, Krishna Nursing Home, the parents could not lodge the FIR immediately and understandably, therefore, the FIR was lodged next date i.e. on 01.12.2012 at 1500 hours in the afternoon under Sections 307/450 and 506 of IPC and thereafter in the investigation when it is known that the accused belongs to a higher caste and the victim belongs to the Scheduled Caste, offence under Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act was also added along with Section 4/25 of the Arms Act.

(3.) The accused was arrested 10 days later on 11.12.2012 and on his pointing out, the weapon of offence which is a knife was recovered on the same day. Subsequently, after investigation, the police filed the chargesheet and the matter was committed to the Session Court and thereafter charges were framed by the learned Additional District and Sessions Judge, Nainital on 21.03.2013 under Sections 307/450/506 of IPC and Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.