GURDEV SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 17.12.1996, and the order of sentence dated 19.12.1996, rendered by the Court of Addl. Sessions Judge, Hisar, vide which it convicted accused/appellant Gurdev Singh, for the offence, punishable under Section 307 of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for a period of 7 years, and to pay a fine of Rs. 10,000/ -, and in default of payment of the same, to undergo rigorous imprisonment for another period of one year. It was further directed that out of the amount of fine, if deposited, a sum of Rs. 5,000/ - be paid, as compensation, to Shakuntala Rani, injured.

(2.) THE facts, in brief, are that on 6.8.1994, at about 5.30 AM, while Shakuntala Rani alongwith her son Sher Singh proceeded towards their dairy, situated in the area of Patel Nagar, Hisar, Gurdev Singh, accused, met her. She asked him, as to why, he quarreled with her tenant, Virender Singh, on the previous night. Gurdev Singh, accused, instead of giving any answer, to the said query of Shakuntla, attacked her with a katar (small kirpan), being carried by him, and inflicted injuries therewith, on her chest and abdomen, as a result whereof, she fell down. Even after she had fallen, the accused inflicted injuries with katar on her back and flank. Sher Singh, her son, who was a few paces behind her, came forward and rescued her. Sher Singh, raised alarm, which attracted her another son Arjun Singh, to the spot. Thereafter, the accused ran away from the spot with the weapon. She was taken to Civil Hospital, Hisar, in a vehicle, where she was medico -legally examined. Thereafter, she became unconscious.

(3.) THE prosecution, in support of its case, examined Dr. Pawan Jain, Radiologist, General Hospital, Hisar (PW -1), Shamsher Singh, Draftsman, Hansi (PW -2), Khazan Chand, Statistical Assistant, General Hospital, Hisar (PW -3), Virender Singh, Constable (PW -4), Shakuntala Rani, injured (PW -5), Sher Singh, her son (PW -6), Jagdish Chander, ASI (PW -7), Mia Singh, Constable (PW -8), Jai Kishan, HC (PC -9), Ramesh Chand, ASI (PW -10), Dr. B.L. Bagri, Medical Officer, Civil Hospital, Hissar (PW -11), Dr. R.S. Dalal, Medical Officer, Civil Hospital, Hissar (PW -12), and Dr. Suresh Kumar, Medical Officer, General Hospital, Hissar (PW -13). Thereafter, the Public Prosecutor for the State, closed the evidence.