PEMA CHEERING Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment of Additional Sessions Judge, Mandi, in Sessions Trial No. 34/91, dated 3.2.1994 convicting the appellant under Section 326 of the Indian Penal Code and sentencing him to rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 2,000 and in default of payment of fine to further undergo simple imprisonment for a period of one month, giving him benefit of Section 428 of the Code of Criminal Procedure. The other accused T.Sering Paid an alias Dorje has been acquitted. There is no State appeal against his acquittal. The prosecution case is as under:

(2.) On August 29, 1991 at about 9 P.M., three persons, namely, Pema alias Chhering, T.Sering Paldan alias Dorje and Chhering Sandup were present at Chontra. They were engaged in a quarrel with Rattan Chand (P.W. 3), driver of taxi No. HP-01-0154, owned by Shri Anil Kumar (P.W.2). Accused Pema alias Chhering (hereafter the appellant) was asking Rattan Chand (P.W. 3) to take them to Beed Colony but Rattan Chand was refusing to do so. In the process, the appellant opened the door of the taxi and closed it with force as a result of which its glass was broken. There started a dispute amongst themselves over the price of the broken glass and it was settled at Rs.l75which was paid to Anil Kumar (P.W. 2) by the appellant. Hearing the noise, the deceased came out of his house located nearby and asked accused as well as Anil Kumar and Rattan Chand the reason for the quarrel. Upon this, the appellant took out a knife and gave a blow on the left thigh of the deceased. The deceased cried for help. In injured state, he went towards the shop of Charan Singh (P.W. 5), situated nearby. In the meanwhile, a van, No. HP-02-0743 came there from Baijnath side and the appellant signaled it to stop in order to leave the spot. It is also stated that accused T.Sering Paldan snatched the knife from the appellant and both of them ran away. The injury was profusely bleeding and the deceased was taken to Civil Hospital Jogindernagar in the taxi of Anil Kumar (P.W. 2) where he succumbed to injuries. The incident was reported by Surjit Ram, father of the deceased, who had also reached the spot. He made a statement under Section 154 of the Code of Criminal Procedure to the Police (Ex. P A) when the police was on its way to the hospital at Jogindernagar. Accordingly First Information Report (Ex. PM) was registered.

(3.) The police was informed about the death of the deceased by Dr. Kaul through telephone which was recorded in the Daily Diary (Ex. PN). Inquest report (Ex. PB) was prepared in the hospital where postmortem examination of the deceased was conducted by Dr. Jayotinder Kumar (P.W. 6). According to the medical report, the cause of death of the deceased has been stated haemorrhage of femoral vessels leading to shock which resulted in cardiovascular collapse of the victim.