MOHINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 5.11.2005, passed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P. in Sessions Trial No. 39 of 2003, titled as State vs. Mohinder Singh, whereby the accused -appellant has been convicted for having committed offences punishable under the provisions of Sections 307, 324 and 342 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years and fine of Rs. 5000/ - for offence punishable under Section 307 IPC, rigorous imprisonment for a period of six months and fine of Rs. 500/ - for each of the offences punishable under Sections 324 and 342 IPC, the accused has filed the present appeal under the provisions of Section 374(2) of the Code of Criminal Procedure, 1973. The challenge to the judgment is on the grounds that the Court below erred in correctly appreciating the testimonies of the relevant prosecution witnesses who have in fact either not supported or proved the prosecution case; testimony of the complainant/injured uninspiring in confidence, conclusively could not establish the guilt of the accused; the trial Court held the accused guilty on mere conjectures and surmises; and proceeded to decide the case, shifting the onus to prove his innocence on the accused.

(2.) IT is the case of the prosecution that complainant -injured Sh. Man Singh (PW -1) was working for Sh. Jethu Ram (PW -2). The accused was aggrieved of the fact that on his land, PW -1 on behalf of PW -2, had collected stones and grit. Despite requests made by the accused, the same was not removed. On 8.3.2003 at about 9.30 p.m., accused dragged PW -1 to his house and confined him in a room. He was allowed to go away but again brought back. After some time, accused brought an axe (Ext. P -4) from another room and hit PW -1 with the same on the neck. PW -1 fell unconscious and on regaining consciousness returned to his house, after the door of the room where he was confined, was unbolted by someone from outside. In the morning of 9.3.2003 PW -1 went to the house of PW -2, who in turn took PW -1 to the Police Post, Sarahan where Rapt No. 7 (Ext. PW 10/A) was recorded. The matter was investigated by ASI Puran Chand (PW -18) who took PW -1 to the Community Health Centre at Sarahan for medical treatment. Rapt was sent to Police Station Jhakhri where F.I.R. No. 51/2003 dated 9.3.2003 (Ext. PW 14/A) was registered against the accused under the provisions of Sections 324, 342 and 307 of the Indian Penal Code. PW -1 was examined by Dr. Dev Raj Bhandari (PW -13) who issued M.L.C. (Ext. PW 13/A). Police visited the spot of occurrence of crime and collected samples of blood stained mud, sand and cement vide memo (Ext. PW 5/C). The articles were sent for chemical analysis and report (Ext. PW 15/A) obtained. Accused himself produced the weapon of offence. The accused was also got medically examined from Dr. Manjula Gupta (PW -16). Sample of his blood was collected also his clothes were sent for chemical analysis. As per report of chemical examiner (Ext. PW 15/A) no conclusion could be arrived at with regard to the samples of blood. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as eighteen witnesses and the statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded false implication.