STATE OF H P Vs. JAGBIR SINGH

JUDGEMENT

(1.) This appeal against acquittal is directed against the judgment of the learned Chief Judicial Magistrate, Una, dated July 23, 1979.

(2.) The accused respondent Jasbir Singh alias Jagbir Singh alias Jaggi, in this appeal (hereinafter referred to as the accused) is the resident of Santokhgarh town near Una The case of the prosecution against him was that on December 29, 1977, at about 5.30 p.m. Darshan Singh accompanied by one Kashmir Singh was coming from Khud SwanT by the side of Santokhgarh after answering the natures call. They were at that time chitchatting with each other and also laughing. Meanwhile, when they were near the Sardarniwala WellT in Santokhgarh town, the accused came from the side of his house and asked them as to why they were laughing to which said Darshan Singh replied that there was nothing bad in having a laugh. The accused on this became infuriated and threw a remark at the said Darshan Singh BARE BADMASH BANTE HO (you try to be a great goonda) and then taking a knife out of his pocket, he attacked said Darshan Singh with that knife and inflicted two blows with the sharp edge side of the knife on the chest of said Darshan Singh and then ran away from the scene of occurrence with the knife. Besides Kashmir Singh at that time one Jugal Kishore was also there following them at some distance. Said Kashmir Singh and Jugal Kisbore then helped said Darshan Singh to reach borne. In fact Jugal Kishore accompanied them part of the way and then went ahead to inform the family members of said Darshan Singh of the incident and accordingly informed his brother Charan Singh. Said Darshan Singh was then taken to the Civil Hospital at Una and after his admission in the said hospital, the Medical Officer attending upon him, Dr. H.R. Sharma, at about 11 p m. the same day, wrote a chit to the Station House Officer, Police Station, Una, informing him that this was a medico legal case. The Station House Officer then after recording this information on his daily dairy went to the hospital and recorded the statement of Darshan Singh under section 154 of the Code of Criminal Procedure at about 11.45 p.m. on the same day and also took into his possession his blood stained clothes, namely, one vest and one sweater which said Darshan Singh was putting on at the time of the incident.

(3.) While lodging the F.I.R. said Darshan Singh had claimed that the accused bad been harbouring enmity against him on account of an incident which bad taken place some time prior to this incident. The incident was narrated this way that the accused had started be labouring one Sewa Singh of the same village Santokhgarh as he suspected that said Sewa Singh had been teasing his sister. Said Darshan Singh then intervened and rescued said Sewa Singh from the accused and since then the accused was suspecting that he (Darshan Singh) was also an accomplice with said Sewa Singh and had threatened said Darshan Singh with dire consequences in case he ever dared to come to his mohalla that is, his residential locality.