MOHAN LAL Vs. U.T. ADMINISTRATION, CHANDIGARH

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 28.07.2000 (hereinafter referred to as 'impugned judgment') whereby the appellant-Mohan Lal, has been convicted for the commission of offence punishable under Section 307 IPC and has been awarded sentence to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months for making an attempt to murder Bihari Lal. He has been further sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months for making an attempt to murder Sushma Devi. Both the substantive sentences were ordered to run concurrently.

(2.) Briefly stated facts of the present case are that on 25.08.1996, ASI Pargat Singh, Police Post, Sector 22, Chandigarh, received information from an unknown person to the effect that one Mohan Lal has inflicted injuries to Bihari Lal and his wife Sushma Devi, with a knife in House No. 3516, Sector 23-D, Chandigarh. On the basis of this information, ASI Pargat Singh, along with other police officials went at the spot and came to know that the injured had already been removed to the hospital. Thereafter, he went to PGI, Chandigarh where the doctor declared Sushma Devi unfit to make a statement whereas injured-Bihari Lal was declared fit and he suffered a statement to the effect that he was working as Senior Accountant in the office of Accountant General, Haryana, and had tenanted one room on the top floor of House No. 3516, Sector 23-D, Chandigarh, since 1989. The accused was also living in a separate room as a tenant on the same floor. On 25.8.1996 at about 7.30 a.m., when complainant and his wife-Sushma Devi, were sitting in the courtyard in front of Barsati, the accused came out of his room and asked them as to why they were causing hurdle by sitting in the courtyard. At that time, the complainant was cutting vegetables by sitting on the cot and his wife, Sushma Devi, was sitting beside him. The accused remarked that he would teach the complainant a lesson for sitting at that place and turned the cot, on which both the injured were sitting, upside down due to which, both of them fell down on the floor. The accused started grappling with complainant, Bihari Lal, picked up the knife which had fallen on the floor and gave a knife blow on the backside of Bihari Lal. The complainant and his wife raised hue and cry and when Sushma Devi tried to intervene in order to save her husband, the accused gave knife blow on her upper left side near her breast. Thereafter, the accused fled away from the spot.

(3.) On the basis of aforesaid statement made by the complainant, investigations were conducted and final report under Section 173 Cr.P.C. was submitted.