JAGDISH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The accused has challenged the judgment of Additional Sessions Judge (II), Kangra in Sessions Case No. 16 of 1987, decided on 13 -10 -1987. He has been convicted for an offence under Sec. 307, Indian Penal Code and sentenced to rigorous imprisonment for a period of two years and also to pay fine of Rs. 500/ -.

(2.) The prosecution case is that the accused worked at the shop of complainant Prem Singh (PW -4) for some time and thereafter he had been relieved by the complainant about 15 days before the occurrence. The complainant, a registered medical practitioner, had opened a chemist shop at Narwana Bazar and he used to return to his village Tangroti after closing the shop in the evening. He used to provide school fee and uniform etc. to the accused on account of latter's poverty, but it was also stopped.

(3.) On 1 -9 -1985, the accused approached the complainant at his shop and asked him to visit the ailing daughter of Rattan Chand of Nalleh Balleh. Since it was raining at that time, both -complainant and the accused -started as soon as the rain slowed. On the way, the accused told the complainant that there was, in fact, no question of visiting the house of Rattan Chand, since it was just an excuse to procure the drawing note book from the sister of the complainant. On the way, they met Chandu Ram (PW -8) and Sukhia and before reaching his house, the complainant started easing himself in his land at a distance about 300 yards from his house. In about four/five minutes, the accused came there and started giving blows on the head of the complainant with a Drat (Ext. M -l). The complainant tried to ward off the blows and save himself by both of his hands. As a result of these blows, the complainant sustained number of injuries on his head and hands. He also became unconscious for a while and as soon as he gained consciousness, he went to his house. This occurrence was narrated to Barfi Ram (PW -5), father of the complainant. The shirt (Ext. M -2) and the trousers (Ext. M -3), which complainant was using at the time of incident, became stained with blood and they were got changed by his father Barfi Ram (PW -5). He was taken to District Hospital, Dharamshala immediately by a truck and during this time he was noticed by A.S.I. Balwant Singh (PW -12), Police Station, Hamirpur, who went to the District Hospital, Dharamshala and inquired from the doctor concerned about the fitness of the complainant to make a statement by moving application (Ext. P -18). However, the doctor stated that the complainant was not fit to make statement and on 2 -9 -1985, when the doctor declared him fit to make a statement, it was recorded (Ext. P -9), it was sent to Police Station, Dharamshala and a case was registered vide First Information Report Ext. P -17.