DEV DUTT Vs. STATE OF H P

JUDGEMENT

(1.) This appeal has been filed by the appellant Dev Dutt (hereinafter referred to as the accused), against the order of the learned Sessions Judge, Solan and Sirmur Districts, at Nahan, dated March 26, 1985, whereby he was found guilty for the offences under Sections 326 and 324 of the Indian Penal Code and Sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 2,000/- and in default to undergo further imprisonment for six months under the first count and to undergo rigorous imprisonment for six months under the second. Both the sentences were, however, ordered to run concurrently.

(2.) According to the prosecution there was a fair at Oachghat near Solan on September 18, 1983. Mohinder Singh, his brother Rajinder Singh alias Harnam Singh, Hira Singh and Romesh Chand and one Rajesh Kaundal also participated in that fair. Said Hira Singh was incidently the brother-in-law of Mohinder Singh and Romesh Chand is the brother-in-law of his brother Rajinder Singh. The aforesaid five persons then returned together from the fair at about 11.00 P.M. as they all intended to go to the house of said Mohinder Singh and Rajinder Singh in village Nandal. When on their way back home they were at a place from where public path branches off towards village Nagali on the main road near the said village, the accused who was lying in wait there, all of a sudden, attacked them with a knife in hand and inflicted injuries with that knife on said Mohinder Singh. Rajinder Singh, Hira Singh and Romesh Chand and thereafter jumped down the road. The said four injured persons then reached home with difficulty and narrated the incident to the family members including Rattan Singh, the father of Mohinder Singh and Rajinder Singh. Next morning an ambulance was called from the hospital and the four injured persons were admitted in the Civil Hospital at Solan. The police was also informed thereafter and at the instance of the police the four injured persons were medically examined and as the injuries on the persons of Rajinder Singh, Hira Singh and Romesh Chand were found to be of serious nature as dangerous to life, they were referred to the Snowdon Hospital whereas Mohinder Singh whose injuries were not so serious remained under treatment in the same hospital. The police then registered a case under sections 307 and 324 of the Indian Penal Code and sent up the accused to face his trial for the aforesaid offences.

(3.) It may also be stated that the very out set that a few hours before the aforesaid four injured persons were brought to the hospital in an ambulance on the morning of September 19, 1983 and a case was registered, at their instance by the police after recording the statement of Mohinder Singh in the hospital, under Sections 307 and 324 of the Indian Penal Code against the accused, the accused himself had already been admitted in the same hospital for the treatment of the injuries on his body who was brought from Nagali to the hospital in an ambulance in the early hours of the morning and he had disclosed that those injuries had been caused to him by the aforesaid four persons. Since, however, the medical report revealed that the injuries on the person of the accused were simple in nature, no cognizance was taken by the police in this behalf except that a copy of the report lodged by the accused from his bed in the hospital was lint to the District Magistrate, Solan.