WARYAM SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment, of, 16.10.2008, rendered by the learned Sessions Judge, Kangra at Dharamshala, in, sessions case No. 28-N/VII-2006, whereby he convicted the appellant herein, for his committing an offence punishable under Section 307/324 of Indian Penal Code (hereinafter referred to as "IPC") also sentenced him as follows:-

(2.) Brief facts of the case are that PW-1 Prittam Singh is running a confectionery shop at Kotla. PW-1 had been visiting his shop daily from his house situated in village Anoohi. On 19.12005, PW-1 had closed his shop as usual at about 7 p.m. and had left for his house. PW-1 had reached his village at about 9.00 p.m. PW-3 Mohinder Singh is also resident of village Anoohi. PW-3 had met PW-1. PW-1 wanted to make a telephonic call and had accordingly visited the house of his uncle Shri Tara Chand. PW-3 had accompanied PW-1 to the house of Shri Tara Chand. Afterwards PW-1 had left for his house. PW-3 had been accompanying PW-1. When PW-1 and PW-3 had been passing by the side of the house of Shri Jigri Ram, the accused persons had been noticed coming from the opposite direction. All the accused persons had asked PW-1 as to where he had been proceeding at such odd hour of the day. Thereafter accused No. 2 to 4 namely Kahan Singh, Shiv Kumar and Roshan Lal had caught hold of PW-1. Accused Waryam Singh had been armed with a dagger Ex.P-1. Accused Waryam Singh had inflicted one blow of dagger on the left side of forehead of PW-1 and another blow on his right hip. PW-1 had cried for help. He had fallen down. PW-4 Harbans Singh had been attracted to the site of occurrence. PW-4 had rushed to the rescue of PW-1. The accused had managed to escape. PW-1 had informed PW-4 of the occurrence. PW3, PW-4 and some others had picked up PW-1 and had taken him to the house of Shri Tara Chand. Shri Tara Chand had found the condition of PW-1 critical. The clothes of PW-1 had been soaked in blood. PW-1 had been in agony and pain. Shri Tara Chand had provided IMFL (brandy) to PW-1. Shri Tara Chand had also applied liquor to the injuries of PW-1. Thereafter PW-1 was taken to the hospital. The matter was also reported to the police. PW-1 was medically examined by the doctor concerned. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused, challan was prepared and filed in the Court.

(3.) The accused stood charged by the learned trial Court, for theirs committing an offence punishable under Section 307, 324/34 IPC, to which they pleaded not guilty and claimed trial.