SHANKAR LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has filed the instant appeal impugning judgment of his conviction and order of sentence dated of his conviction and order of sentence dated 10.08.2004, passed by the Sessions Judge, Sirsa, whereby he was convicted for causing an injury to injured Madan Lal on his head under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years and was directed to pay a fine of Rs. 25,000/-. In default thereof, to further undergo rigorous imprisonment for a period of two years. On realisation of fine, if any, a sum of Rs. 20,000/- was ordered to pay to injured Madan Lal.

(2.) Briefly stated, according to the prosecution, around 8.00 P.M. on 15.05.2003, a quarrel took place between the appellant and injured Madan Lal on account of playing radio on the chabutra of village Chormar by Madan Lal, thereby causing disturbance to his uncle as his house was situated nearby. In the meanwhile, the parents of Madan Lal also reached there. Brij Lal, the father, rebuked and asked Madan Lal to leave the place and go to the house of his grand mother Smt. Bhado Devi. The parents of Madan Lal also tried to pacify the appellant. The appellant threatened Madan Lal that he would teach him a lesson. After reaching the house of his grand mother, PW Madan Lal took his meals and slept. Around 1.30 A.M in the night, the appellant armed with an axe, reached the house of Smt. Bhado Devi and inflicted an axe blow on the head of PW Madan Lal sleeping in the open court-yard. The grand-mother, namely, Smt. Bhado Devi, of injured Madan Lal who was sleeping near him, on hearing noise, also woke up and saw the appellant as, on account of her old age, she was not having a sound sleep in the moon lit night. The appellant, after inflicting the axe blow upon Madan Lal, ran away from the spot. Resultantly, injured Madan Lal became unconscious. His grand mother Smt. Bhado Devi rushed to the house of his son Brij Lal and narrated him the entire incident. In turn, Brij Lal and Smt. Bhado Devi took injured Madan Lal to the Primary Health Centre, Odhan, from where, he was referred to the General Hospital, Sirsa.

(3.) On receipt of medical ruqa, Ex.PB, from the Medical Officer regarding the admission of injured Madan Lal in the General Hospital, Sirsa, PW-12 ASI Ram Mehar reached there and by moving an application dated 16.5.2003, Ex.PD, before the Medical Officer, he sought opinion as to whether injured Madan Lal was fit to make statement. However, PW-1 Dr. Gobind Gupta, Medical Officer, treating the injured Madan Lal, vide his endorsement, Ex.PD/1, declared him as unfit to make statement. Consequently, PW-12 ASI Ram Mehar recorded the statement of Smt. Bhado Devi, Ex.PJ, and after making his endorsement, Ex.PJ/1, sent the same to the Police Station. On the basis of which, a formal FIR, Ex.PJ/2 was recorded. Thereafter, PW-12 ASI Ram Mehar, the Investigating Officer, inspected the spot, prepared rough site plan Ex.PO with correct marginal notes and recorded the statements of PWs, namely, Brij Lal, Smt. Vidya Devi and Prem Kumar on the date of incident, itself, i.e., 16.5.2003. On 20.5.2003, the appellant was arrested from his village and interrogated in the presence of PWs H.C. Balwant Singh and Chowkidar Harchet Singh. The appellant, in pursuance of his disclosure statement, Ex.PQ, duly thumb marked by him and attested by PWs H.C. Balwant Singh and Chowkidar Harchet Singh, got recovered an axe, used in the commission of crime, from the septic tank of the residential house of his uncle, namely, Krishan. A rough sketch of axe, Ex.PQ/1, was prepared and the same was converted into a sealed parcel after getting the same washed before taking into possession vide memo Ex PQ/2 duly attested by the aforesaid witnesses. A rough site plan of the place of recovery Ex.PQ/3 with correct marginal notes was also prepared. During investigation, PW-12 ASI Ram Mehar, the Investigating Officer, kept on moving successive applications before the doctors of the General Hospital, Sirsa, where injured Madan Lal was getting treatment, to seek their opinion about his fitness to make statement. However, finally on 6.6.2003 at 11.00 A.M,vide opinion, Ex.PM/1, PW-10 Dr. Viresh Bhushan declared injured Madan Lal fit to make a statement. Consequently, the statement of Madan Lal-injured was also recorded. After completion of the investigation, a final report under Section 173 of the Code of Criminal Procedure was filed before the Ilaqa Magistrate, who committed the case to the Court of Session, for the trial of the appellant.