PATI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant Pati Ram was tried, convicted and sentenced to. undergo rigorous imprisonment for five years and a fine of Rs. 5,000 and in the event of failure to deposit the fine to further undergo rigorous imprisonment for one year for the commission of the offence under section 307 of the Indian Penal Code vide the impugned judgment dated 15th May, 1989, passed by the learned Sessions Judge, Solan and Sirmour Districts at Nahan. . .

(2.) The prosecution case in nut -shell as unfolded by the injured PW -4 is that on November 7, J987 at about 10 a. m. he was going to his fields in village Kando and was carrying a plough ; that the moment he reached near Bowri, the appellant armed with a DANGRA emerged from the bushes and started assaulting him with the said weapon Resultantly he suffered eight injuries on his person out of which injuries Nos. 1, 2 and 5 were found to be grievous. His wearing apparels, namely, shirt, pyajama, underwear, banian and sweater were also stained with blood. On alarm raised by him S/Shri Sita Ram, Chandan Singh Mani Ram and Sobha Ram, (PWs 5 to 8) reached the spot, witnessed the occurrence and rescued the injured from the clutches of the appellant. The complainant details that on receiving injuries, he in orders to save himself, jumped from the fields after throwing the plough but the accused chased him and gave another blow by DANGRA. Ultimately, he ran towards the village with where he was medically examined by Dr S. M. Ah (PW -1).

(3.) On lodging the report at Police Station, Shillai by Sobha Ram : PW a criminal case vide FI.R. Ex. PM for the commission of the offence under section 307 I. P. C., was recorded at police station Renukaji. During investigation the blood stained clothes of injured were taken into a sealed parcel and handed over to PW -1. The injured was referred to the District Civil Hospital Nahan where he remained admitted for about 1 -1/2 months. The police also took into possession the plough, Ed stained earth and the blood stained clothes and the appellant was arrested on 20th December, 1986 who on interrogation made a disclosure statement and got the weapon of offence discovered at his behest; while in Police custody vide Memo. Ex PK. After completion of the investigation the appellant was accordingly tried for the above said offence.