MURARI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These appeals arise out of judgment dated 24.6.1999 passed by the learned Additional Sessions Judge in, titled as State of Himachal Pradesh v. Murari Lal. Trial No. 26 of 1995 The Court below convicted the accused of the charged offences and sentenced him to undergo rigorous imprisonment for a period two years for an offence punishable under Section 307, IPC, and pay fine of Rs. 500/- for an offence punishable under Section 506, IPC. In default of payment of fine accused is to further undergo simple imprisonment for a period of one month.

(2.) Criminal Appeal No. 269 of 1999, titled as Murari Lal v. State of H.P., has been filed by the accused for setting aside his conviction and sentence and, titled as State of H.P. v. Murari Lal Criminal Appeal No. 451 of 1999, has been filed by the State seeking enhancement of quantum of sentence.

(3.) Nand Lal, SI (PW-9) was posted as ASI at Police Station, Mandi. In connection with investigation of 'some case' on 27.10.1994 he was on his way to the Hospital at Mandi. He saw Sarla Devi (PW-2) being taken to the Hospital at Mandi in an injured condition. He rushed to the Hospital and moved application (Ext.PW-9/A) and sought opinion as to whether the injured was in a fit condition to make her statement. Medical Officer opined the injured to be "not fit for the said purpose". Consequently, he recorded statement (Ext.PW-1/A) of Shri Lekh Raj (PW-1) who was accompanying Sarla Devi. PW-9 made his endorsement (Ext.PW-9/B) and forwarded the same to Police Station, Mandi, where FIR No. 417 of 1994 (Ext.PW-9/C) dated 27.10.1994 under Sections 326, 323, 506, IPC was registered.