SOHAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant hereinafter to be referred as "the accused" was convicted by the learned trial Court in Sessions trial No. 36 of 2001/5 of 2004 decided on 16.10.2004, under Section 307 of the Indian Penal Code, whereby he was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 15,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. The whole amount of fine, if realized, is ordered to be paid to the injured PW5 Man Dass as compensation.

(2.) ADMITTED facts of the case are that PW5 Man Dass and the accused are residents of village Behana, falling in the jurisdiction of Police Station Balh, District Mandi. They had a dispute over a path. On 1.8.1999 at about 8.30 a.m. the accused was cutting the bushes over the path near the house of Man Dass aforesaid, adjoining to his own field.

(3.) IMMEDIATELY , the patient was shown to surgeon and was admitted in the male surgical ward for expert management. As per report of the x -ray department dated 2.8.1999 there was fracture of the right fronto parietal bones. The nature of injuries was described to be dangerous to life and grievous. The probable duration of the injury was described within 3 hours. The injury No. 1 was opined to have been caused with sharp edged weapon and injury No. 2 with blunt weapon. To this effect, he issued MLC Ext.PW4/A. Injury on the head was x -rayed by PW7 Dr. Jaya Vaidya, Radiologist. The injury was grievous and dangerous to life.