RASAL SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 28.3.2009 rendered by the learned Additional Sessions Judge (1) Kangra at Dharamshala in sessions Case No. 25-K/2002 H.P., whereby he convicted the appellant (hereinafter referred to as "accused") for his committing an offence punishable under Sections 307 and 323 of IPC also sentenced him as follows:-

(2.) Brief facts of the case are that on 18.5.2001 a telephonic information was received in the police station from Medical Officer Sub Divisional Hospital, Kangra in which it was informed that the injured had been brought to the hospital and after incorporating the entry into the daily diary the police party headed by ASI Sunita Thakur went to the hospital where the statement of Baryam Singh was recorded under Section 154 Cr.P.C., who disclosed that he being resident of village Daka Palera and his elder brother Gian Singh who is being in Military service and on leave had come over to his house and on the same day i.e. 18.5.2001 at about 9 a.m. when he was working in the fields and instructed his elder brother to take the cattle for drinking water as the cattle were grazing over the vacant land and when his brother started collecting cattle for taking drinking water and when reached near the old house where his parental uncle Rasal Singh asked his brother as to why he had come there and started calling bad names as well as challenged him as to why he had come there and when his brother objected to his parental uncle then his parental uncle gave Axe blow to his brother over his forehead and thereby his elder brother fell-down and when he tried to lift his brother then his parental uncle pelted stones which hit him and after raising hue and cry the other people gathered on the spot and he lifted his brother for medical assistance to Sub Divisional Hospital, Kangra. The police after recording the statement of the complainant under Section 154 Cr.P.C sent the same to the police station for registration of the FIR and thereafter on medical examination of the injured the injuries were found to be grievous with sharp edged weapon. During investigation the blood stain towel, Banyan and blood stain soil were taken into possession and the weapon of offence an Axe blood stained was also taken into possession and these were sent to State FSL and the report of the State FSL opined the human blood over these articles. On completion of the investigation the police comes to the conclusion that the accused committed offence under Section 307 and 323 IPC and thereafter put up the final report under Section 173 Cr.P.C. before Judicial Magistrate first Class, Kangra on 4.3.2002 and the case has been committed for sessions trial vide order dated 9.8.2002 by the Judicial Magistrate 1st Class, Kangra.

(3.) The accused stood charged by the learned trial Court for his committing an offence punishable under Section 307 and 323 IPC to which he pleaded not guilty and claimed trial.