PAWAN KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) This is an appeal filed by the appellant under Section 374 of the Cr.P.C. against the judgment of the court of learned Sessions Judge, Hamirpur, H.P., dated 27.9.2003, vide which the appellant was held guilty under Section 307 of the IPC and was convicted and sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 7,000/-. In default of payment of fine, the appellant was to further undergo rigorous imprisonment for six months.

(2.) Briefly stated the facts of the case are that on receipt of a telephonic message from a doctor, Community Health Centre, Barsar at about 6.30 p.m., at Police Station, Barsar that one injured person had been brought to the hospital, ASI Sarwan Kumar, alongwith other police officials, proceeded to the hospital. The police officer went to the hospital, filed an application Ext.PW-4/C to the Medical Officer as to whether the injured Raj Kumar was fit to make statement. The Medical Officer certified him to be fit to make statement and thereafter, the statement of the injured was recorded in which he alleged that today on 27.3.1998, Pawan Kumar accused had inflicted a blow upon him with a knife. On this statement, a case was registered and after investigation, the challan was filed before the court of the learned Additional Chief Judicial Magistrate, Barsar. Thereafter, the case was committed to the learned trial Court, who tried the appellant for the offence punishable under Section 307 of the IPC and convicted and sentenced him as detailed above.

(3.) I have heard the Learned Counsel for the parties and have gone through the record of the case.