DORJE RAM Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9.3.2004 passed by the learned Sessions Judge, Kinnaur at Rampur whereby the appellant accused (hereinafter referred to as the accused) has been convicted under Sections 307,457 and 324, IPC and has been sentenced to simple imprison-ment for 7 years and fine Rs. 5,000.00 and in default of payment of fine to undergo simple imprisonment for one year under Section 307, IPC, simple imprisonment for five years and fine Rs. 3,000.00 and in default of payment of fine to undergo simple imprisonment for six months under Section 457, IPC and simple imprisonment for 3 years and fine Rs. 2,000.00 and in default of payment of fine to undergo simple imprisonment for three months under Section 324, I PC.

(2.) The case of the prosecution against the accused is that in the year 1996 Maheshwari Devi (PW 1) used to reside with her parents in village Urtu. On 19.10.1996 her parents, uncle and aunt went to Ghatu in connection with agricultural work and were to stay there for the night in their Dogras. P Wi was asked to take care of Sarvdayal aged 4 years and Poonam Devi (PW 2), aged 8 years. After taking their meals at about 7 p.m. when PW 1 and the aforesaid children left for a room in the house of Khelu Ram uncle of PW 1, Banti Devi [referred to as Lajwanti Devi (PW 5) at a later stage] also accompanied them to sleep in the room. At about 8 p.m. all of them slept in the room. At about 4 a.m. when they were asleep the accused who wanted to marry PW 1 but who alongwith her parents was unwilling to marry him entered into the room through a window in the upper storey of the house, lit the torch, removed the quilt from over PW 1, gave two blows on her neck and threa-tened to kill her. PW1 raised cries and called her uncle Dewa Ram (PW 3) who was sleeping in the adjoining house owned by him. The accused gagged the mouth of PW 1 with one hand and with the other gave a Chhura blow on her stomach and the injury so caused started bleeding. Accused then gave another blow which PW 1 tried to save and as a result hit Sarvdayal just below his left knee and the injury caused to him also started bleeding. On hue and cry raised by PW 1 the accused with the help of torch light bolted away through the window in the upper storey of the house. On raising of alarm by PW 1, Banti Devi (PW 5) and Poonam Devi (PW 2), Deva Ram (PW 3) came on the spot and was informed of the occurrence. PW1 was removed for treat-ment to a Hospital at Nirmand where she made a statement under Section 154, Cr.P.C. Ext. PW 1/A on the basis of which FIR Ext. PW 6/A was recorded at Police Station Nirmand and the investigation by SI Prem Singh (PW 8) followed.

(3.) Injured PW 1 and Sarvdayal were medically examined by Dr. Diwan Sirkeck (PW 10) on 20.10.1996 and he issued MLC Ext. PW 10/B in respect of the medical examination of PW 1 and MLC Ext. PW 10/C in respect of medical examination of Sarvdayal. Vide MLC Ext. PW 10/B an incised wound on the left side of the abdomen and an abrasion in the mid-apigastrian were found on the person of PW 1 having been caused with sharp-edged weapon within less than 12 hours of the medical examination at 11 a.m. An incised wound was grievous and dangerous to life. As per MLC Ext. PW 10/C one incised wound having been caused with sharp-edged weapon within less than 12 hours of the medical exami-nation of Sarvdayal at 12.30 p.m. on 12.10.1996 was also found above his left knee joint.