HARI SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) SANJAY Karol, J . The present appeal arises out of the judgment dated 25th November, 2006 passed by Addl. Sessions Judge-I, Kangra in Sessions Case No.17/D/2004 titled as State of Himachal Pradesh Vs. Hari Singh, whereby the accused-appellant herein has been charged and convicted for an offence under Section 307 I.P.C. and sentenced to undergo rigorous imprisonment for five years and fine of Rs. 10,000/- failing which to further undergo simple imprisonment for a period of 1 1/2 years .

(2.) ON 19.11.2003 at about 10.45 p.m., the matter was reported to the Police vide D.D. entry No.38 by Suresh Kumar, Pradhan, Gram Panchayat, Murdaja that Partap Chand son of Shri Dinju Ram resident of village and Post office, Sukkar had been beaten up by his brother Hari Singh, who had been brought to the Zonal Hospital, Dharamshala. H.C. Anil Kumar (PW-14) was directed to proceed to the Zonal Hospital for further investigation. After reaching at the Zonal Hospital, Dharamshala, Head Constable PW-14 along with other police officials moved an application (Ext.PW-2/C) before the Medical Officer for medical examination of injured Partap Chand (PW-4). The doctor certified that the injured was not in a position to give the statement, therefore, he recorded the statement of Smt. Sandala Devi (PW-3) wife of injured Partap Chand. Her statement under Section 154 Cr.P.C (Ext.PW-3/A) was recorded. The said statement was sent to Police Station, Dharamshala for registering the case through Constable M.H.C. Shashi Kumar and on the basis of which F.I.R.No.231 of 2003 (Ext. PW-10/A) dated 19th November, 2003 under Sections 451,323 and 324 I.P.C. was registered. The statements of Kewal Kumar (PW-5) and Sanju Kumar (PW-6) (Ext.PW-14/A) and (Ext. PW-14/B) respectively were also recorded.

(3.) THE case of the prosecution is that the accused and Partap Chand (PW-4) are real brothers and having houses opposite to each On 19th November, 2003, PW-4 was talking with his family other. members in his house at about 8.45 p.m. when the accused entered into the court yard and started talking loudly and abusing (PW-4) , when PW- 4 stepped out of his house into his court yard and requested the accused not to do the same. At that time, the accused, who was carrying a Darat (sharp edged weapon) in his hand, gave a blow on the head of his brother PW-4 who suffered an injury on the left side of his head between the eye and the ear and the blood started oozing out from the same. In the meantime, PW-3 wife of PW-4 along with daughter Sapna (PW-8) came out from the house and raised hue and cry. On hearing the cries, Kewal Kumar (PW-5) and Sanju Kumar (PW-6) also came at the spot and took the injured (PW-4) along with PW-3 to the Zonal Hospital, Dharamshala where he was medically examined and the investigation was carried out after recording of F.I.R.No 231 of 2003 dated 19.11.2003 (Ext.PW-10/A).