RAJINDER KUMAR Vs. STATE (U T ADMINISTRATION)

JUDGEMENT

(1.) Amongst other injuries, an injury resulting into loss of the eye of Jiwan Lal, led to the prosecution of accused Rajinder Kumar under Section 307 IPC. He was tried and convicted vide judgment dated 04.02.1997, passed by Additional Sessions Judge, Chandigarh and sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 500/-.

(2.) Both Jiwan Lal (herein referred as 'the complainant') as well as Rajinder Kumar accused-appellant (herein referred as 'the accused') are relatives. The sister of the complainant is married to Rajinder Kumar accused-appellant (herein referred as 'the accused'). The accused had a grudge that Jiwan Lal did not disclose at the time of marriage that his sister Saroj was of loose character therefore, he caused him knife blows. On 05.12.1995, the complainant was admitted in PGI, Chandigarh. ASI Paramjit Singh visited PGI, Chandigarh, and after seeking the opinion of the doctor Ex.PJ/1 regarding his fitness to make the statement, recorded his statement wherein he disclosed that he is resident of SCF No. 40, Sector 28-C, Chandigarh. On 05.12.1995, at about 8:45 a.m., when he was cleaning his shop, the accused came there and remonstrated that his sister (wife of the accused) was of loose character and was a source of insult to whole of his family. Upon which, complainant stated that he was talking wrongly and they should go to make her understand. He further stated that he (the accused) must be at fault. At this, the accused enraged and after threatening the complainant to kill, attacked him and inflicted two knife blows, one in his left eye and another on his right ear. He also inflicted another knife blow on his right ear. He further gave 2-3 more blows with the knife upon his face. On raising hue and cry, the accused ran away. The Investigating Officer completed the statement at 12:30 p.m. and sent the same to the police station, on the basis of which FIR Ex.P3/2 was registered on the same day at 1:00 p.m. against the accused. MLR of the complainant-injured was collected, statements of the witnesses were recorded and on completion of investigation, challan against the accused was presented in the Court.

(3.) In order to substantiate the charges, the prosecution examined Jaswant Singh, Draftsman (PW1), Head Constable Inder Pal Singh (PW2), Jiwan Lal (PW3), Narinder Pal (PW4), Head Constable Yash Pal (PW5), Dr. Rajiv Gupta (PW6), Constable Kaur Singh (PW7), Harbans Lal (PW8), Dr. Sabhaarpathy (PW9) and ASI Paramjit Singh (PW10). The prosecution while tendering into evidence the CFSL report Ex.PQ, closed the evidence.