PYARE LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT was convicted and sentenced under Section 307 Indian Penal Code and was ordered to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2000/ -, in default of payment of payment of fine, to further undergo simple imprisonment for a period of six months in Sessions Trial No. 22 -S/7 of 2001 decided on 22.2.2003.

(2.) IN short, prosecution case, as emerges from the evidence on record, can be stated thus. Complainant Lahori Singh (PW -8) was serving in the Indian Army and on 4.2.2001, he went to the office -cum -residence of PW -3 Daulat Ram, Deputy Ranger at Sawra to collect his T.D. permit in respect of two trees. At that time, Appellant Pyare Lal was posted as Guard in the Forest Department. He was sitting in the office -cum -resident of the Deputy Ranger. Original permit was handed over to Lahori Singh to get photocopy thereof which he got it done from the market where he also met his cousin Jai Singh and both of them returned to the office -cum -residence of PW -3 Daulat Ram around 6 p.m. All of them took liquor. At about 9:30 p.m. there was some altercation between Pyare Lal and Jai Singh. Lahori Singh tried to intervene but Appellant picked -up Tawa (iron plate) Ext. P -1 lying nearby and hit on the head of Jai Singh which caused bone -deep bleeding injury. Immediately, thereafter PW8 aforesaid rushed to police Station, got recorded his statement under Section 154 of the Code of Criminal Procedure which culminated into FIR Ext. PW9/A.

(3.) JAI Singh PW -8 was got medically examined. Dr. Raj Kumar (PW -1) on his examination found a lacerated wound on the left side forehead extending from above the bridge of nose towards left side 9 cm x 1/4 cm bone -deep cut, depressed. Clotted blood over cheeks, nose and forehead. X -ray skull was advised. The nature of injury in his opinion was grievous (life threatening). He issued MLC Ext. PW -1/A and in his opinion, Towa Ext. P -1 could cause the said injury. Towa, jacket and blank papers were sent for forensic examination. As per report Ext. PS, these items contained the human blood.