DESH RAJ Vs. STATE OF H P

JUDGEMENT

(1.) THE appellant has assailed the judgment of conviction under Section 307 of the Indian Penal Code, passed in Sessions trial No. l-S/7 of 1997 decided on 5-7-2001 by the learned Additional Sessions Judge, whereby he was sentenced to undergo Rigorous Imprisonment for a period of three years and to pay a fine of Rs. 5,000/ -.

(2.) THE appellant was put on trial, on the allegations that PW4 Manohar Lal and PW3 shiv Karan Singh, both police constables of kangra District, were deputed on VVIP duty at Shimla, on account SAARC Samelan. in the month of May 1995. Both were staying in Sanatan Dharam Sabha-Sarai at Sanjauli (Shimla ). On 3-5-1995, both these constables after taking their dinner in the hotel located in the local market, were on their way back to the place of their stay. At about 11. 15 p. m. , they noticed the appellant, picking up a quarrel with a woman on the road. PW4 Manohar Lal asked him as to why he was quarrelling with the said woman, but in turn, he gave 2/3 fist blows on the face, with the result, he fell down on the road and sustained the bleeding injuries on his face and head. Thereafter police arrived at the spot from the nearby police post and removed him to IGMC Shimla in a vehicle in an unconscious condition. His condition was opined to be serious by PW 1 Dr. Arvind sood, thus, he was referred to PGI, chandigarh. A report in the daily diary Ex. PW6/b was lodged on 3-5-1995, on the basis of which FIR Ex. PW7/a was recorded by PW7 S. I. Dev Kumar. The Doctor issued mlc Ex. PW 1/a. The injured was found having consumed liquor. During the investigation of this case, medical examination papers of PGI Chandigarh were taken by the police and presented to PW1 Dr. Arvind sood, on the basis of which he opined that injury received by the injured was dangerous to life. The appellant was arrested. After recording the statements of the witnesses and on completion of the challan, it was presented in the Court for the trial of the appellant.

(3.) THE appellant was charge-sheeted for the offences aforesaid. He pleaded not guilty and claimed trial.