SUCHA RAM Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) SUCHA Ram son of Milkhi Ram aged 18 and 19 years and Jugal Kishore son of Sujan Singh aged 22 years, residents of Amritsar, were tried under Sections 307 and 324 read with section 34, Indian Penal Code. The learned Additional Sessions Judge, Amritsar convicted Sucha Ram under section 307 Indian Penal Code and Jugal Kishore accused under section 307 read with section 34, Indian Penal Code and sentenced both of them to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/ - and in default of payment of fine to further undergo rigorous imprisonment for five months each, with the direction that half of the fine, if realized, shall be paid to Raj Kumar injured. Jugal Kishore was acquitted of the charge under section 324, Indian Penal Code. Sucha Ram has filed this appeal.

(2.) THE prosecution story, briefly stated, is that on 4th December, 1975 at about 8 P.M. Raj Kumar injured and Dharam Pal P.W. were going for a walk in Gali No. 23, Nawan Kot Amritsar. When they reached in front of the shop of Bachittar Singh, Sucha Ram and Jugal Kishore accused emerged from the shop of Bachittar Singh raising cat -calls. Both the accused were earlier known to Raj Kumar, Raj Kumar asked the accused not to raise cat -calls, on which they felt annoyed. Jugal Kishore accused was armed with a datar and he tried to cause injuries to Raj Kumar but he warded off the blow by holding the wrist of Jugal Kishore with his left hand. Jugal Kishore accused then shouted exhorting Sucha Ram that he should hurry up. On that Sucha Ram gave a knife blow on the left flank of Raj Kumar, P.W. Bachittar Singh, Krishan Lal and Dharam Pal witnessed the occurrence Krishan Lal tried to seize the weapons from the accused but they ran away along with their weapons. Raj Kumar was removed to the S.G.T.B. Hospital where he was medically examined. Head Constable Jagir Singh, who was posted as Incharge Police Guard, S.G.T.B. Hospital, Amritsar, on receipt of the medicolegal certificate of Raj Kumar went to the third Male Surgical Ward and made application, Exhibit P.B. to obtain the doctor's opinion about the fitness of Raj Kumar to make a statement. Raj Kumar was declared unfit to make any statement. He then sent the medicolegal certificate of Raj Kumar to Police Station B Division, Amritsar. Dharam Pal made his statement, Exhibit P.G., before the police on the basis of which the case was registered. The accused were arrested on 6th December, 1975. Sucha Ram appellant got recovered knife, Exhibit P. 1, after making a disclosure statement and Jugal Kishore accused got recovered datar, Exhibit P. 3, in pursuance of his disclosure statement.

(3.) THE accused denied the allegations made against them and stated that they were falsely implicated.