ASHWANI KUMAR @ SONU Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Appellant felt aggrieved by his conviction under Section 307 of the Indian Penal Code by the learned Sessions Judge and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5,000/ -, in default of payment of fine, further to undergo imprisonment for a period of six months. Out of the fine, if realized, Rs. 3,000/ -was ordered to be paid to the injured Pushpa Devi. The Appellant was also given the benefit of Section 428 Code of Criminal Procedure., hence this appeal.

(2.) IN short, the prosecution story can be stated thus. Appellant is the son of the sister of Suresh Kumar husband of PW10 Pushpa Devi. For the last about 12 years, he was residing in the house of said Pushpa Devi, where he was provided with a separate room as he was not pulling well with his mother. It is alleged that on 21st July, 2000, during noon, Pushpa Devi aforesaid was plucking lady fingers from the field, adjoining to the house of PW11 Satya Devi. In the meantime, Appellant came there and hurled abuses. He imputed allegation that the complainant had called a 'Chela'/ 'tantrik' to practice some witchcraft upon him. Pushpa Devi did not pay any heed to whatever the Appellant said, but left the place and went to the courtyard of PW11 Satya Devi. Appellant chased her with a Chhura (knife) Ex.P2 and inflicted various blows on her head and other parts of the body. She sat on the ground there and to defend her covered her head by raising hands. Occurrence was witnessed by PW11 Satya Devi and immediately thereafter, PW12 Laxmi Devi reached the spot. They raised cries. The Appellant ran away. Laxmi Devi covered the injuries of Pushpa Devi with a Dupatta and took her to the hospital where she was attended upon by PW7 Dr. Mohan Singh. He informed the police.

(3.) PW 7 Dr. Mohan Singh on the medical examination of Pushpa Devi on 21.7.2000 at 12.05 p.m., noted history. She revealed that the injuries were caused to her in fight by Sonu (Appellant). On the examination of Pushpa Devi, the following injuries were noticed: