NANAK CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The Appellant accused (hereafter referred to as the accused ), by this appeal, has assailed the judgment dated 11.10.1999 passed by the learned Additional Sessions Judge, Mandi, whereby the accused has been convicted under Sections 452, 307 and 324 IPC and has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2,000 under Section 307 IPC; rigorous imprisonment for six months and fine of Rs. 500 under Section 452 IPC and to pay a fine of Rs. 500 under Section 324 IPC and in default of payment of fine, the accused has been directed to undergo simple imprisonment for one year, two months and one month respectively on each count. The substantive sentences of imprisonment, however, have been made to run concurrently.

(2.) Brief facts leading to the presentation of the present appeal are that on the basis of statement Ex. PW-1 /A made by Birbal (PW-1), a case under Sections 307, 452 and 324 IPC was registered against the accused at Police Station, Sadar, Mandi vide formal FIR Ex. PW-5/D. The prosecution case, as disclosed in the FIR and as found after investigation, is that PW-1 Birbal had two brothers, namely, Chet Ram and accused Nanak Chand. They have divided their family properties in a family partition and they are residing separately at different places. On the night intervening 10/11.6.1993, PW-1 alongwith his grandson Sunil, aged about 7 years, was sleeping in a room of his house in village Dharwahan (Androl), Tehsil and District, Mandi. At about 12 O clock in the night, while PW-1 was asleep, he was hit on the chest which led him to wake up and cry. He saw the accused present in the room armed with a Khukhri. He gave a foot blow to the accused whereby he fell down but managed to give another blow with the Khukhri on the leg of PW-1. in the meanwhile, on hearing the cries of PW-1, his sons Chander Mani (PW-2) and Hans Raj who were sleeping in the upper storey of the house came on the spot. His other two sons Devinder and Devi Singh were also sleeping in the upper storey of the house. They also reached the spot though after PW-2 and Hans Raj had already reached there. The accused, at that time, was dressed in a woman s attire and was about to give another blow with the Khukri to PW-1 but was overpowered by PW-2 and Hans Raj. The accused was also found in possession of one torch. PW-2 and his brother took injured PW-1 to the District Hospital. The police was informed of the arrival of the victim at the District Hospital by the medical officer. PW-5 Dev Raj, head constable, Police Post, Mandi, on receipt of such information, went to District Hospital, Mandi and moved an application, copy whereof is Ex. PW-5/B to get medical opinion whether PW-1 was fit to make a statement. The medical officer certified PW-1 to be fit for making the statement, therefore, PW-5 recorded his statement Ex. PW-1/A. under Section 154 Code of Criminal Procedure and sent the same to Police Station for registration of the FIR and as such, FIR Ex. PW-D came to be registered as already stated hereinabove. PW-1 was got medically examined and Dr. Tripta Singh (PW-6) medically examined PW-1 on 11.6.1993. On such medical examination, the following injuries were found on the person of the victim:

(3.) The accused was tried by the learned Additional Sessions Judge, Mandi on a charge under Sections 452, 307 and 324 IPC.