RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT Raj Kumar has appealed against the judgment dated 14th June, 2002, of learned Additional Sessions judge, Una, whereby he has been convicted of offences, punishable under Sections 452, 307 and 324 of the Indian Penal code and sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs. 1,000 for offence, under Section 452 of the Indian Penal Code to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000 in respect of offence, under Section 307 of the Indian Penal Code and to undergo rigorous imprisonment for a period of six months for offence, under section 324 of the Indian Penal Code and all the sentences of substantive imprisonment have been made to run concurrently.

(2.) PROSECUTION case, which led to the charging, trial and ultimate conviction and sentencing of the appellant, may be summed up thus: On 13th July, 2000, when injured pramod Singh (PW2) was asleep in the verandah of his house, around 10. 30 p. m. , appellant allegedly went there and woke him (PW2 Pramod Singh up. PW2 Pramod Singh switched on the light. Appellant asked him as to why he had humiliated him on 10th july, 2002, by saying that he had made telephonic calls to Puja, daughter of PW2 pramod Singh and why his wife Trishla (PW3) had insulted him at the shop of his uncle Roshan Lal, on that very count. When pw2 Pramod Singh told the appellant that puja was like his (appellant's) sister and he should not be maligning her, he allegedly took out a knife and attacked PW2 Pramod smgh. A blow of knife landed on the left backside of chest of Pramod Singh, resulting in 3 cm x 1 cm x 3 cm wound. PW2 pramod Singh raised alarm. His wife and children, who were asleep in room behind the verandah, came out. When PW2 Pramod singh's wife PW3 Trishla tried to rescue her husband, she too was assaulted. She was given knife blows, which caused throe simple injuries. PW2 Pramod Singh and his wife, PW3 Trishla were rushed to the hospital. When they were at the hospital, someone informed the police. HC Nardev Singh (PW11) reached the hospital. He recorded the statement of PW2 Pramod Singh, under section 154 of the Code of Criminal procedure, Ex. PW2a. On the basis of that statement, case was formally registered against the appellant. Both Pramod Singh (PW2) and his wife Trishla (PW3) were got medically examined. One clean incised wound, measuring 3 cm x 1 cm x 3 cm over the left side of the chest lower side in the auxiliary line, was found which the doctor, initially, opined to be dangerous to life, but finally he gave the opinion that the injury was simple in nature. Three clean incised wounds were found on the person of Trishla (PW3 ). One wound was on the left side of the chest, another over the left lumber region and the third over the left breast. Wound on the chest was 3 cm x 1 cm x 2 cm in size, while other two wounds were 2cm x 1 cm x 1 cm each. Both the wounds were opined to be simple in nature. Police recorded the statements of witnesses, including that of PW3 Trishla, PW7 Puja (daughter of pramod Singh and Trishla) and PW4 balbir Singh, a neighbour of the injured. On completion of investigation, report under section 173 of the Code of Criminal Procedure was filed.

(3.) PROSECUTION examined 12 witnesses to bring the charge home to the appellant. Trial Court found the appellant guilty and convicted and sentenced him, as aforesaid.