HARPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 7.5.2001 (for short as 'impugned judgment') passed by the learned Additional Sessions Judge, Narnaul (for short as 'trial Court'), vide which the accused-appellant Harpal Singh has been convicted for the commission of offence under Section 307 IPC and under Section 25 of the Indian Arms Act in FIR No. 277 dated 4.11.99 registered at Police Station City Narnaul.

(2.) The facts of the present case in the prosecution story as set up before the trial Court are that the complainant/injured Sunil Kumar (PW9) was student of P.G. College, Narnaul. In the academic year 1999-2000 he was student of B.A. Part-II. On 4.11.99 at 12.00/12.30 noon he was present at the bus stand of Narnaul for returning to his village Nasibpur, when all the four accused came there. Harpal accused was holding a knife/gupti Ex.P1. Jaswant, Ramesh and Ajay accused caught hold of him and Harpal accused gave a knife blow in the left side of his waist. Dharminder (PW10) and Naresh who were present at bus stand were attracted to the spot. On seeing them the accused fled. Dharmender and Naresh removed him to Civil Hospital, Narnaul where he was examined medico-legally by Dr. S P Sharma (PW12). Doctor presented a ruka Ex.PM to ASI Chand Singh (PW7) who was already present in the hospital with regard to investigation of some other case. He moved an application Ex.PF before the doctor to seek his opinion regarding fitness of the injured to make a statement. Doctor declared him fit. His statement Ex.PG was recorded at 4.30 p.m. and on the basis of that statement, FIR Ex.PG/1 was drawn.

(3.) The injured was referred to Medical College and Hospital, Rohtak (MCH) for further management where he was operated upon the same day by Dr. Anil Sharma (PW3). As per operation findings, there were performation of size 1 X .5 cm each on anterolateral aspect of descending colon near the splenic flexure.