KANCHAN CHAUDHARI Vs. STATE OF U P

JUDGEMENT

(1.) Kanchan Chaudhari son of Mahabir Chaudhari has preferred this appeal from Jail against the judgment and order dated 23/12/1987 passed by Sri Bir Bhadra Singh, III Additional Sessions Judge, Nainital, camp at Haldwani, convicting him under section 307, I.P.C. and sentencing him to undergo 5 years rigorous imprisonment.

(2.) The prosecution case, in brief, is that on 29/10/1986 around 7.00 p.m. Prem Singh and Anand Singh were going towards their paddy field through a pucca road near Semal Wali Pulia which is close to their village. One Kanchan Chaudhri Purviya, who lives with Ramdhani Purviya, does manual labour. At that time Kanchan Chaudhri was laying a net in the tank for fishing. On enquiry from Kanchan Chaudhri as to where Anand Singh and Prem Singh were going, Anand Singh replied that he was going to see the thieves and on this Kanchan Chaudhri came near them and asked them why is he being called a thief. An altercation took place between them and Anand Singh and Prem Singh due to fear started returning home. Kanchan Chaudhri followed them for about 100 paces hurling abuses and suddenly he struck a knife blow in the abdomen of Anand Singh. Prem Singh amassed courage and held him. On alarm being raised many persons reached the place of the incident. Ramdhani wielding a Pharsa also reached the spot and told Prem Singh to immediately set him free otherwise its results would not be good. Due to fear Prem Singh left Kanchan Chaudhri who then ran away. Prem Singh and other persons took Anand Singh to Sitarganj hospital where the Doctor referred him for medical aid to Khatima. Anand Singh was admitted in the hospital at Khatima.

(3.) Anand Singh was examined by Dr. A.K. Saxena (P.W. 4) on 29/10/1986 at 10.10 p.m. at P.R.C. Khatima. Anand Singh was treated in the hospital as is revealing from the medical report. The following injuries were found on the person of Anand Singh. Stab wound 9 cm. x 3 Cm x abdominal cavity deep spindle shape oblique medial and from epigastric region obliquely right, lower part of sternum partially cut, fresh and clotted blood present in wound, severely bleeding, injury also extending to the sternum causing fracture of sternum.