SUNIL KUMAR @ KALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant faced trial of charges under Sections 452, 307 and 324 of Indian Penal Code (IPC). Learned trial Court convicted the appellant of the said charges and awarded him sentence to under rigorous imprisonment for 7 years and to pay fine of Rs. 1000/-, in default to further undergo rigorous imprisonment for 6 months under Section 307 IPC. He was also sentenced to undergo rigorous imprisonment for 2 years and to pay fine of Rs. 500/-, in default to further undergo rigorous imprisonment for 3 months under Section 452 IPC and rigorous imprisonment for 1 year, fine of Rs. 500/-, in default to further undergo rigorous imprisonment for 3 months under Section 324 IPC. The substantive sentences of imprisonment were to run concurrently.

(2.) The facts of the prosecution story, briefly stated, are that; Varinder Kumar @ Sonu-injured was present outside his house at about 3.30 P.M. He saw Sunil Kumar @ Kali-appellant present there and waiting for the other boys to play cards. The injured objected to the appellant from playing cards in front of their house. The accused started abusing Varinder Kumar, who came back to house under the fear of retaliation from the appellant. After sometime, the appellant armed with datar entered the house of injured and started hurling abuses. The injured who was lying on the bed tried to run away to save himself but the appellant inflicted datar blow on the back of head of Varinder Kumar. The appellant also inflicted datar blow on the back of the injured and another datar blow on the left side of the head of injured near the ear. The occurrence was also witnessed by PW-1 Harish Kumar, brother of the injured. They raised an alarm and appellant fled from there alongwith his weapon of offence. The injured was taken to Civil Hospital, Jalandhar from where he was referred to Joshi Hospital. The injured was admitted and got medically examined.

(3.) The police party headed by PW-6 ASI Kewal Singh reached Civil Hospital, Jalandhar on receiving telephonic information from where he learnt about the injured having been referred to Joshi Hospital. PW-6 then went to the Joshi Hospital where PW-1 Harish Kumar recorded his statement Ex. PA on the basis of which FIR Ex. PW-6/C was registered. The concerned doctor gave opinion that Varinder Kumar was unfit to make statement. This opinion of the doctor is Ex. PW-5/B, on the application Ex. PW-6/A made by the investigating officer. The investigating agency took into possession blood stained bed-sheet and prepared memo Ex. PB in that regard. The blood stain earth was also lifted from the spot and made into a parcel. The rough site plan is Ex. PW-6/D.