DEVINDER MOHAN Vs. U T CHANDIGARH

JUDGEMENT

(1.) The appellant was convicted for an offence under Section 307of the Indian Penal Code ("IPC"- for short) vide judgment dated 29.8.1998 by the Additional Sessions Judge, Chandigarh. Vide order dated 1.9.1998, the appellant was sentenced to undergo rigorous imprisonment for a period of four years and a fine of Rs.20,000/- . Hence, the present appeal. Prosecution case, as noticed by the trial Court in para Nos. 2 to 5 of its judgment, is reproduced herein below:-

(2.) As per the prosecution case, appellant had inflicted injuries on the person of the complainant on 7.7.1996 at about 12.30 p.m. The complainant was examined by Senior Medical Officer, PGI, Chandigarh at about 3.10 p.m. on 7.7.1996 and number of injuries were found on his person.

(3.) The complainant appeared in the witness box as PW-10 and deposed as per the prosecution case. He further deposed that the accused had demanded Rs.100/- from him and when he had refused to do so, the accused inflicted injuries on his person with a knife. PW-7 Ibomcha, PW-8 Brozen took the injured to the hospital for treatment. PW-11, SI Charanjit Singh and PW-12 SI Jai Parkash have deposed with regard to the investigation conducted by them. Thus, the prosecution had been successful in proving its case to the effect that the appellant had inflicted eighteen injuries on the person of the injured. Out of the said injuries twelve injuries were found in upper abdomen of the injured, whereas, four injuries were found in the anterior neck and two injuries were found in anterior axillary line. As per the medical opinion, all the injuries were caused by a sharp edged weapon and same were found dangerous to life. After the injured was declared fit to make the statement by the doctor, his statement was recorded. The appellant had taken a plea that the injured was not a tenant of his father. On the alleged day of occurrence, he was present at his residence with his family. He was working in the clinic of Dr.Dinesh Sehjpal. He had, however, failed to prove the said plea.