SUDERSHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SUDERSHAN Kumar appellant (hereinafter also referred as accused has been convicted under section 307 of the Indian Penal Code by the learned Additional Sessions Judge. Kurukshetra, and has been sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 100/-. It has also been ordered that in default of payment of fine the accused would further undergo rigorous imprisonment for 2 months. Feeling aggrieved against his conviction and sentenced the accused has filed this appeal.

(2.) THE prosecution story as gathered from the evidence is that on 20th June, 1979, P.W 5, Mian Khan accompanied by his mother-in-law P.W.6 Piari had got down from a bus at village Cheeka at about 8.30 P.M. Before proceeding to village salimpur, which was their destination, they took their assault the Dhaba of one Amrik Singh. When they came out of Dhaba, Darshan Kumar accused, who was present there, cut incident jokes with P.W. Piari. Mian Khan asked the accused not to do so. Darshan Kumar subjected the sword which Mian Khan was carrying. After taking it out from its sheath, he gave a blow with it on the head of Mian Khan. Mian Khan was wearing a turban and it fell down. The accused gaye another blow with the Kirpan on the head of Mian Khan. There after the accused ran away leaving the Kirpan at the spot.

(3.) ON receipt the medical report of Mian Khan, P.W.8 A.S.I. Daulat Ram sent ruqa Exhibit PF/l to the Police Station, Ghula for registration of a case and on its basis formal first Information Report Exhibit P.F./2 was recorded by Section 1. Amir Singh, A.S.I. Daulat Ram took up the investigation and went to the spot From there he lifted sword Exhibit P. I and blood stained earth and after sealing them into separate parcles, took them into possession in the presence of P.W. 6 Piari P.W.7 Jhana Ram. He also prepared visual plan of the spot and the same is Exhibit PK. The accused was produced before him at about 12 or I P.M. 21st June, 1979 by Bhima Kabalia. During the investigation, plan Exhibit PG of the spot of occurrence, according to the scale, was got prepared from P.W.4 Alam Singh. After necessary investigation the accused was charge-sheeted.