PRINCE KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been filed challenging the judgment of conviction dated 21.02.2012, vide which the appellant was held guilty of offence punishable under Section 307 of the Indian Penal Code (for short 'the Act') and the order of sentence of even date, vide which the appellant was sentenced to undergo R.I. for a period of 07 years with a fine of Rs.5,000/- and in default of payment of fine, to further undergo R.I. for six months.

(2.) This appeal is taken up in the category of cases, which are listed on Saturdays, as per directions of the Hon'ble Supreme Court and the appellants are being prosecuted by the legal aid counsel. Brief facts of the case are that on 21.02.2010 at about 11.30 a.m., complainant Pikash Kumar Sinha came out of his house and when he was going in the street, appellant Prince Kumar, who was residing in the same street and was holding a kirch in his hand, intercepted the complainant and said that he would teach a lesson to the complainant, by showing arrogance to him in the playground. On hearing noises, Sh. Panu Sinha, father of the complainant, came in the street and in the meantime, the appellant-accused stabbed the complainant in his stomach with kirch, with an intention to kill him and they pulled out the same forthwith. Resultantly, the kirch pierced through his stomach and the accused-appellant ran away from the spot along with kirch. Father of the complainant got admitted him in Deep Hospital, Fatehgarh Churian Road, Amritsar. The motive behind the incident was that a few days back, there was a quarrel between the appellant and the complainant, while playing cricket in the playground and the accused- appellant kept grudge and due to the same, he inflicted injury to the complainant with intention to kill him. After completion of the investigation and other formalities, challan for the offence punishable under Section 307 IPC was presented before the Court. Finding that the offence under Section 307 IPC is triable by the Court of Sessions, the case was committed to the Sessions Court. Thereafter, the trial Court framed the charge vide order dated 09.08.2010, to which the appellant pleaded not guilty and claimed trial.

(3.) The prosecution, in support of its evidence, examined PW1 Rishi Ram, Draftsman, District Courts, Amritsar, who prepared the scaled map Ex.PA, PW2 Pikash Kumar Sinha, injured/eyewitness, PW3 Panu Sinha, father of the injured-complainant, PW4 Dr. Kamal Kishore, Medical Officer, Mata Kartar Kaur Memorial Hospital, Amritsar, who has given the treatment to injured, PW5 ASI Maan Singh, the Investigating Officer, PW6 HC Rajinder Singh, MHC, Police Station Sadar Amritsar, PW7 HC Charanjit Sinha and PW8 ASI Paramjit Singh and thereafter, closed the prosecution evidence. Statement of accused under Section 313 Cr.P.C. was recorded, in which all the incriminating evidence against the appellant was put to him, however, the accused denied the allegations and pleaded false implication. In the defence, the accused did not lead any evidence. Thereafter, the trial Court, vide judgment of conviction dated 21.02.2012 and order of sentence of even date, convicted and sentenced the appellant under Section 307 IPC.