STATE OF HARYANA Vs. MUNSHI RAM

JUDGEMENT

(1.) STATE of Haryana has filed this appeal against the acquittal of Munshi Ram by the learned Additional Sessions Judge, Faridabad for an offence under Section 307/34 IPC vide judgment pronounced on October 31, 1994.

(2.) THE brief facts of the case are that Nirmal Singh (PW 7) son of Sohan Singh (PW 6) was running a juice shop on Gurdwara Road, N.I.T. Faridabad at a small distance from Munshi Ram's meat shop. It seems Munshi Ram had been getting juice from Nirmal Singh on credit and on May 17, 1992 at about 10.30 p.m. Nirmal Singh had gone to Munshi Ram's shop to recover the money due to him. At that time Munshi Ram was present at his shop along with Raja Ram and Avtar Singh. Nirmal Singh demanded money, whereupon Munshi Ram told him that Nirmal Singh would not be allowed to leave and asked his companions to catch hold of him. On hearing the commotion Sohan Singh (PW 6) and Mahal Singh also arrived at the spot. Raja Ram and Avtar Singh caught hold of Nirmal, Munshi Ram picked up a knife and stabbed Nirmal Singh on the abdomen. Nirmal Singh fell down and become unconscious. Sohan Singh and Mahal Singh raised alarm whereupon Munshi Ram ran away from the spot.

(3.) THE Medical Officer sent information about Nirmal Singh's admission to the Police Station and H.C. Kartar Singh (PW 9) reached the hospital to record Nirmal Singh's statement but the Medical Officer declared him unfit to make the statement. H.C. Kartar Singh again visited the hospital on the following day but Nirmal Singh was still unfit, therefore, statement of Sohan Singh (PW 6) was recorded and on its basis case was registered at Police Station, N.I.T. Faridabad on May 18 at 1.25 P.M. under Section 324/34 I.P.C. Munshi Ram was arrested on May 19, 1992. The remaining accused were arrested on September 8, 1992 after they had been admitted to anticipatory bail. On June 22, 1992 the Medical Officer opined that injury to Nirmal Singh was dangerous to life, consequently offence under Section 307 IPC was also added. After completion of investigation, Munshi Ram and two others were sent up for trial. Charges were framed against them under Section 307/34 IPC to which they pleaded not guilty and claimed to be tried.