MUNI ALIAS RAM MEHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) MUNI alias Ram Mehar (hereinafter also referred to as accused) has been convicted under Section 307 of the Indian Penal Code by learned Additional Sessions Judge, Jind, and has been sentenced to undergo rigorous imprisonment for 5 years. It may be mentioned here that alongwith the present appellant Gopi was also tried for abetment of the offence but the learned trial Court has acquitted him.

(2.) THE prosecution story as gathered from the evidence is that on 7th November, 1980, which was a Diwali Day, PW 12 Sudershan Kumar returned to his house situated in Jind at about 8 or 8.15 p.m. After entering his house, when he was going to close the main door, someone pushed it open from outside. Sudershan Kumar saw that Muni accused was standing there with a knife in his hand. The accused gave one blow with the knife on his abdomen. Muni aimed another blow on him and the blow fell on his left hand thumb. When Sudershan Kumar raised cries, the accused ran away with his knife. Des Raj (PW 11) who is nephew of Sudershan Kumar, was present on the first story of the house. He came down. On enquiry by him Sudershan Kumar told him that Muni accused had stabbed him. Des Raj arranged a car and Sudershan Kumar was removed to Civil Hospital, Jind, where he was examined by PW 10 Dr. A.K. Gupta at 8.50 p.m. on the same day. The said doctor found the following injuries on the person of Sudershan Kumar :-

(3.) THE investigation was taken up by PW 13, A.S.I. Shiv Parshad. He went to the hospital on the same day i.e. 7th November, 1980 but PW 10 Dr. A.K. Gupta vide his endorsement Exhibit PK/6 opined at 9.45 p.m. that the patient was unfit to made a statement as he was under the effect of drugs.