ONKAR SINGH Vs. STATE OF H P

JUDGEMENT

(1.) THIS appeal has been directed against the judgment of conviction and sentence dated 24-3-2006 passed by learned Presiding Officer, Fast Track Court, mandi in Sessions Trial No. 2/2003/28/2005 whereby appellant has been convicted under Sections 307, 326, 325 and 323, IPC. He has been sentenced to undergo rigorous imprisonment for various terms, in addition to fine, under Sections 307 and 325, IPC and for the reasons stated in the impugned judgment no separate sentence has been awarded to the accused under Sections 323, 326, IPC. Both the sentences have been ordered to run concurrently.

(2.) THE prosecution case in brief is that on 21-1-2002 P. W. 4 Puran Chand along with his wife P. W. 5 Smt. Leela Devi and sister Kala Devi at about 1. 30 p. m. was cutting bushes on the path situated near his house. The accused came there and pelted stones on P. W. 4, one of the stone struck puran Chand on his back. The accused thereafter inflicted an axe blow upon the head of P. W. 4 and his head started bleeding which stained his clothes. He gave beatings to P. W. 5 causing injuries to her. She raised cries, on hearing her cries P. W. 9 Vijay kumar and Vidya Devi came there but the accused ran away. P. W. 4 and P. W. 5 were examined by P. W. 1 Dr. Nag Raj Pawar, he issued MLC Ex. P. W. 1/b of P. W. 4 Puran chand and MLC Ex. P. W. 1/c of P. W. 5 Leela devi. P. W. 1 informed the police and such information was recorded in daily diary, a copy Ex. P. W. 11 /a. On receipt of information p. W. 12 ASI Nand Lal went to the hospital, jogindernagar and recorded the statement of P. W. 4 Puran Chand under Section 154, Cr. P. C. Ex. P. W. 4/a and there upon fir Ex. P. W. 13/a was registered.

(3.) THE Investigating Officer conducted the investigation, prepared site plan Ex. P. W. 13/c, broken bangle pieces lying on the spot were taken into possession vide memo Ex. P. W. 6/b. The axe'ex. P-1 was also taken into possession vide memo Ex. P. W. 8/a. After completion of the investigation challan was put up. The accused was charged under Sections 323, 325, 326, 307 and 506, ipc. After conclusion of trial, accused was convicted and sentenced as stated above, hence this appeal.