OM RAJ Vs. STATE OF H P

JUDGEMENT

(1.) The present appeal arises out of the judgment dated 18th May, 2007 passed by Additional Sessions Judge, Fast Track Court, Kangra at Dharamsala, H. P. in S.C./S.T. No. 39-D/VII/06/2/20C7 titled as State of H. P. v. Om Raj convicting the accused for having committed an offence under Section 307 I.P.C. and sentencing him to undergo simple imprisonment for a period of seven years and fine of Rs. 10,000/- and in default thereof to further undergo imprisonment of one year.

(2.) The brief case of the prosecution is that on 11th August, 2006 Parshotam Lal (PW- 1) had taken his animals for grazing from his house at village Dull, post office Kutharna, Tehsil and Police Station, Shahpur District Kangra, H.P. When he reached near the house of the accused, Reena Devi (PW-2) niece of the accused and grand daughter of PW-1 called him into the courtyard of the house. Parshotam Lal sat along side PW-2 and kept his 'Darati' (sickle) (Ext. P-1) besides him. Thereafter the accused came from the first floor of the house and proclaimed that PW-1 had stolen his money. He gave blows with sickle and 'Naddi' (long smoking pipe made of iron used with hookah) (Ext. P-2) as a result of which PW- 1 sustained injuries on his body. On hearing the cries, Vikrama Devi (PW-3) and Roshan Lal (PW-7) reached at the spot. PW- 1 was taken to the hospital for treatment where he was medically examined by Dr. Sanjay Dhiman (PW-14) and the incident was reported to the Police telephonically by PW-3. The police was also informed by the hospital authorities. The information received by the police was reduced into writing vide Nakal rapat No. 10 (Ext. PW-8/A) and Nakal rapat No. 27 (Ext. PW-8/B). The statement of the injured under Section 154 Cr. P.C. (Ext. PW-11/A) was recorded in the hospital by the police. Based on the same rukka (Ext. PW-10/A) was sent to the Police Station and consequently F.I.R. No. 116/ 2006 dated 11th August, 2006 (Ext. PW-10/ B) under Section 307 I.P.C. was registered with Police Station, Shahapur, District Kangra, H.P. The medical records of the injured (Ext. PW-14/A, Ext. P-4, Ext. PW-5/A and Ext.PW-6/A) were taken on record by the Police. Upon further investigation the weapon of offence i.e. 'Darati' (Ext. P-1), 'Naddi' (Ext. P-2) and shirt (Ext. P-3), the blood stained clothes of the injured were recovered by the Police vide recovery memo (Ext. PW-4/A). The statement of the witnesses were recorded.

(3.) With the completion of the investigation, challan was presented in the Court for trial. The accused was charged for an offence under Section 307 I.P.C. to which he did not plead guilty and claimed trial.