STATE OF H.P. Vs. SUBHASH CHAND

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 22nd January, 1997 of the Sessions Court, whereby respondent Subhash Chand, who was tried for offences, under Sections 307 and 452 of the Indian Penal Code, has been acquitted, State has filed the present appeal, seeking reversal of judgment of acquittal and praying for conviction of the respondent for the aforesaid offences.

(2.) ACCORDING to the prosecution, injured Gita Devi (PW -1) and respondent Subhash Chand lived in the same building, but in separate portions thereof. Each portion has four rooms. On the night intervening 17th and 18th July, 1993, around 11.30 p.m., when Gita Devi alongwith her minor children was asleep in one of the rooms occupied by her and her husband was away, in connection with his employment, respondent went there and knocked at the door. When Gita Devi asked as to who was knocking at the door, respondent responded that it was he, her Devar (husband's younger brother). Gita Devi refused to open the door, as it was an odd hour of the night. She switched on the light. Respondent allegedly kicked the door three -four times. The door gave way. Respondent then entered the room and assaulted Gita Devi with a Chhura (dagger) and caused one skin deep injury and one muscle deep injury on the neck and few more injuries. Gita Devi raised alarm, upon hearing which respondent's step -mother and a few more persons reached the spot. Respondent then took to heels.

(3.) CASE was investigated by PW -8 ASI Jai Chand. According to the Investigating Officer, a Drati (scythe) Ex. P -4 was recovered as weapon of offence, during the investigation and Gita Devi had told that it was by means of Drati Ex. P -4 that the injuries were caused to her. Investigating Officer did not find any damage to the door of the room, where injured had slept at night.