NARI CHAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment and order dated 5.4.2002 passed by the then First Addl. Sessions Judge, Udham Singh Nagar in ST No. 106 of 2000, State Vs. Narichand whereby the learned Sessions Judge has convicted the appellant under Section 307 I.P.C. and sentenced the appellant to serve rigorous imprisonment of seven years and a fine of rupees five thousand. In case the fine was not deposited by the appellant, he would have to further undergo for a period of six months in view of non -payment of the fine. The brief facts for the disposal of the appeal are that the complainant Chetram was residing in village Pahenia and he had a neighbour named Bhanuchand who was residing adjacent to the house of the complainant. The appellant Narichand had also been residing with Bhanuchand for the last 5 to 6 years. Narichand used to visit the house of the complainant Chetram. On 10.7.1999 at about 4 p.m., Chetram and his son Rameshchand were going to make purchase from the nearby shop. The appellant met them on the way and started hurling abuses upon Rameshchand, the son of Chetram. When the scuffle was going on, the appellant Narichand took out a knife from his pocket and assaulted Rameshchand on different parts of the body with the intention to kill him. Consequently, he sustained multiple injuries on his person and fell down on the ground. The father of injured Rameshchand tried to intervene in the matter and at the same time, he shouted for help. Baljit Singh PW 4 and Bhuwanchand reached at the spot and tried to catch hold of the appellant Narichand but they failed to do so. Immediately, thereafter, Rameshchand was taken to the Civil Hospital, Khatima where he was medically examined by the doctor. Looking to his serious condition, he was referred to Pilibhit Hospital on the same day. After admitting in the Pilibhit hospital, the doctors advised him to take to some other place for better treatment. Thereafter, the complainant took his son Rameshchand to Khatima in a Nursing Home and after admitting him in the Nursing Home, he went to the police station on 11.7.1999 and lodged a report at about 9.30 am in the police station. Thereafter, the matter was investigated and a chargesheet was submitted before the court concerned.

(2.) THE accused was charged under Section 307 I.P.C. He denied the charge levelled against him and claimed for trial.

(3.) THE accused -appellant was examined u/s 313 Cr.P.C. and he has pleaded not guilty to the offence. He has further stated that he has been falsely implicated in this case.