ANGPAL ALIAS CHHANGA Vs. STATE

JUDGEMENT

(1.) This criminal appeal, preferred under section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C), is directed against the judgment and order dated 13.2.1996 passed by the Addl. Sessions Judge, Roorkee in Sessions Trial No.85/1991, State Vs. Angpal@Chhanga, whereby the learned Addl. Sessions Judge has convicted the appellant/accused u/s 324 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to one year's rigorous imprisonment. Co-accused Shashi@ Shashendra was also convicted and sentenced u/s 324 IPC for one year's R.I. by the same judgment and order. However, the trial of another co-accused Pawan Pal @ Bhagwan Singh was separated from the above trial.

(2.) I have heard learned counsel for the parties and perused the entire material available on record.

(3.) In brief, the prosecution case is that complainant Gabber Singh (P.W.1) lodged an FIR stating therein that his son Jitendra Singh was coming back from the market, then on the way, three boys, namely, Shashendra, Chhanga (appellant-accused) and Pawan Pal met him and in humorous vein, they took his spectacles. On 23.5.1989, complainant's elder son Ashen Kumar (PW2) with Jogendra Singh, son of complainant's brother in law, were coming from the market where Shashendra, Chhanga (the appellant- accused) and Pawan Pal met them at about 5:45 PM on the Tiraha which leads towards I.R.I. and took the spectacles of the complainant's son, namely, Ashok Kumar. The son of complainant asked the accused that they had already taken spectacles of his brother and now they also want to take his spectacles too. On this, Shashendra told him that they used to take the things in that way and also do not give it back. On this, complainant's son asked them that it was not good due to which the appellant-accused Chhanga exhorted the co-accused Shashendra and co-accused Pawan Pal caught hold of Ashok and then co-accused Shashendra gave blow of his knife on the stomach of Ashok with the intention to kill him. The son of brother in law of the complainant, namely, Jogendra Singh raised noise on which Anup Narain Sinha and other persons of locality came there and on seeing them, all the three accused ran away from there. The information of this incident was also given to the complainant Gabbar Singh (PW1) by Anoop Narain Sinha. After that the complainant and Joginder Singh took the injured Ashok in the Govt. Hospital, Roorkee in a serious condition and got him medically examined and thereafter they took him at Pal Nursing Home where the medical treatment was provided and after admitting his son in the hospital, the complainant came to lodge the report. With the same averments, the FIR Ex.Ka-1 was lodged by P.W.1 Gabbar Singh on the information given to him by Anoop Narain Sinha on 24.5.1989 at 12:10 PM. On the basis of the FIR (Ex.Ka.1), Head Moharrir Chandra Swarup (PW4) prepared the Chik FIR of the case, i.e. Ex.Ka.4. The entry was also made by him in the G.D., carbon copy of which is Ex.Ka-5. investigation of this case was entrusted to P.W.5 S.I. Mangal Singh. Injured Ashok Kumar was initially medically been examined on 23.5.1989 at 7:50 PM by Dr. S.K. Srivastava (PW3) who after the examination, prepared the injury report Ex.Ka-2. Thereafter, the injured Ashok Kumar was taken to Pal Nursing Home where he was medically been examined by P.W.6 Dr. Rajendra Pal on 23.5.1989 at 10:30 PM who after the examination, prepared the injury report Ex.Ka-8. The I.O. during investigation took in his possession the bloodstained clothes of the injured worn by him at the time of incident and prepared Fard, i.e. Ex.Ka-3. During the course of investigation the I.O. inspected the place of occurrence and prepared the site plan, i.e. Ex.Ka-6. The I.O. during investigation, recorded the statements of witnesses and after completing the investigation, submitted the charge sheet, i.e. Ex.Ka-7.