KUNDAN LAL 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 the learned Additional Sessions Judge (Presiding Officer, Fast Track Court), Kangra at Dharamshala, dated 5/6.1.2004, vide which the appellant was held guilty and convicted and sentenced under Section 307 of the IPC for rigorous imprisonment for five year and to pay a fine of Rs. 25,000/ -. In default of payment of fine, the appellant was to further undergo simple imprisonment for one year.

(2.) BRIEFLY stated, the facts of the case are that a statement was made by complainant Onkar Nath under Section 154 Cr.P.C. before H.C. Sarvjeet Singh, Police Station Thakurdwara, at Amritsar on 12.2.1999, in which he had alleged that he had purchased a hotel from the appellant for a sum of Rs. 80,000/ -, for which a writing was also executed and the appellant was demanding Rs. 60,000/ - more and had also lodged a report with Police Station, Mukerian against the complainant. It was also alleged by the complainant that the appellant had been coming to his hotel and giving him threats to pay him Rs. 60,000/ - otherwise he would kill him. It was alleged that on 10.2.1999 at 1.30 p.m., when the complainant reached the hotel and his servant Janak Raj gave him tea, at that time, the appellant came there with a sword and attacked him. The appellant started inflicting injuries upon the person of the complainant, which were inflicted upon his head, arms and legs and the complainant became unconscious at the spot. He further alleged in the report that he is not aware as to what happened thereafter and on regaining consciousness, he found himself at Guru Nanak Dev Hospital, Amritsar.

(3.) I have heard Mr. Rakesh Jaswal, learned Counsel for the appellant and Mr. Vikas Rahore, learned Deputy Advocate General, for the respondent and have gone through the record of the case.