RAJINDER KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) RAJINDER Kumar (hereinafter referred to as the 'appellant') was tried alongwith Subhash Chand, the other accused for having committed offence under Sections 304/34 IPC. After conclusion of the trial, appellant was found guilty of offence under Section 307 IPC and was sentenced to undergo three years rigorous imprisonment as well as to pay fine of Rs. 1,000/ -, in default of payment whereof the appellant was directed to undergo further rigorous imprisonment for three months.

(2.) IT may be appropriate to mention here that Subhash Chand, the other co -accused appeared for some time before the Court below, but was subsequently declared as proclaimed offender and thus, it was the appellant alone, who was tried, found guilty and sentenced as noted above.

(3.) PROSECUTION case in brief is that on 14.12.1988 at about 8.30 PM, Amar Singh (PW.5) (hereinafter referred to as the 'injured') accompanied by Sudhir Kapta (PW.15) and Sanjeev Kumar (PW.4) went to Barber Shop at Sanjauli which was owned by one Suresh Kumar. These three persons found that Suresh Kumar was not present in his shop, but appellant and Subhash Chand were there in the shop. On inquiry having been made by the injured about Suresh Kumar, the appellant is stated to have shown his inability to give his whereabouts. At such point of time, injured is stated to have asked for a match stick from the appellant so that the former could light his cigarette. Match stick was not supplied, rather some wordy dual appears to have taken place between the injured and the appellant. At that time, Subhash Chand, co -accused is stated to have instigated the appellant to bring dagger from inside the shop which was accordingly brought and injury was caused with the said dagger (Ext. P.1) on the left side of the abdomen of Amar Singh who fell down after having received the injury in the shop itself. As per prosecution case, at this stage another blow was attempted by attempted by the appellant which was warded off by Sanjeev Kumar, PW and it resulted in causing a cut mark on the left arm of his jacket (Ext. P.7) which the witness was wearing at that time.