LACHHI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant Smt. Lachhi Devi, hereinafter referred to as the accused, was tried for the offence under Section 307, Indian Penal Code, for having attempted to commit the murder of Shri Mahant Ram by causing injuries on his head with an axe. She stands convicted by the learned Sessions Judge, Bilaspur, vide judgment dated 5.11.1997 for the offence under Section 325, Indian Penal Code, and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/ -. In default of payment of fine, she has been sentenced to undergo rigorous imprisonment for a further period of one year.

(2.) Briefly stated the prosecution story runs thus. On 5.7.1993, at about 6 PM the injured PW 1 Sh. Mdhant Ram was present at his cowshed which is located about 2 kms from his house. The accused came there and started fixing a fence. Since the parties were having some boundary dispute, PW1 asked the accused as to what she was doing. The accused picked up an axe and gave a blow therewith on the head of PW 1 Mahant Ram as a result of which he fell down unconscious.

(3.) A case for the offence under Section 326, Indian Penal Code, came to be registered at Police Station, Ghumarwin, on the same day at about 9.50 P.M. vide F.I.R. No. 58/93, Ex. PW 14/A. During the course of investigation, it was revealed that since no one was present at the spot at the time of occurrence, PW 1 lay injured and unconscious at the spot till he was spotted by PW 3 Dhian Singh who called some villagers and with their help had carried PW 1 to Ghumarwin Hospital. PW 1 was medically examined by PW 4 Dr. Jagdish Gupta. The following injury was found by him on the person of PW 1: "Lacerated wound over scalp 6cm x 4cm with communited fracture skull with multiple bone chips scattered. Pulsations and underlying brain matter visible in the wound. Clotted blood present all around the wound."