RAJINDER KUMAR Vs. STATE

JUDGEMENT

(1.) THE appellant, Rajinder Kumar, was committed by Judicial magistrate 1st Class, Kishtwar to stand his trial before Sessions Judge, Bhadarwah, for offence under Sections 302 and 324 R.P.C. The Sessions Judge has found his guilty on both the counts, and on conviction sentenced him to eight years rigorous imprisonment u/s 302 R.P.C. and to two years further rigorous imprisonment u/s 324 R.P.C. both the sentences to run concurrently. Whereas; the appellant by means of this appeal, has challenged his conviction and sentences, the State has also filed a revision petition seeking enhancement of the sentence passed on him. This judgment will dispose of the appeal as well as the, revision petition.

(2.) PUT briefly, the prosecution story goes like this: On 2 -l -1973, at about 9 -30 P M -, while P.W. Khushal Chand was on his way to collect ambers for his press from the place where the residents of village Matta had burnt the ceremonial lohri fire, he was accosted by the appellant, who wanted to settle some old score with him, as P.W, Khushal Chand had, according to him had brought humiliation to appellants father during the Jan Sangh elections, During the course of altercation that ensued, the appellant took out of a knife from his pocket and Inflicted an injury on the left shoulder of P.W. Khushal Chand. On this P.ws Jodh Ram, chaman Lal and Ved Prakash and deceased Anant Ram, who too had in the meantime reached there, intervened and separated the appellant and P.W. Khushal Chand from each other. While the appellant was held by P.ws Chaman Lal and Ved Prakash. P.W. Khushal Chand was taken by P. W. Jodh Ram and the deceased towards the house of Hukum Chand. The appellant, somehow or the other, got himself freed from the grip of P.Ws Chaman Lal and Ved Prakash and ran after P. W. Khushal Chand. He again attempted to hit him with the knife he was holding, but all in vain, and the knife instead of striking P. W. Khushal Chand struck the outer door of Hukum Chands house. Seeing this, the deceased warned the appellant of the serious consequences of his conduct, which instead of producing a sobering influence over his mind, infurated him all the more, and the appellant inflicted a blow with the same knife on the head of the deceased as well, and then took to his heels. P.Ws Khushal Chand Chaman Lal and Ved Prakash accompanied the deceased to his house, but hardly had they covered the distance upto the house of the appellant, when the deceased, under the impact of the head injury sustained by him, fell unconscious on the ground. At this stage P. W. Feroz Chand also arrived there. He and P. W. Khushal Chand went to lodge a report of the incident with Police Station Kishtwar, where as P. Ws Chaman " Lal. and Ved Prakash removed the deceased to the hospital.

(3.) ON the report lodged by P. W. Khushal Chand a case u/s 307, 324 and 326 R.P. C. was registered against the appellant by the police at 11.P. M. on the same day. P.W Abdul Majid Ganai who was then posted as S.H.O. Police Station Kishtwar, immediately reported to the hospital to record the statement of the deceased, but could not do so as the later was not in a fit condition to make a statement. He, however, prepared the injury statement, of both P. W. Khushal Chand and the deceased and referred the same to P. W. Dr. Mohammad Bashir for his opinion. P.W. Dr. Mohammed Bashir on examination found only one injury on the person of P. W. Khushal Chand viz. an incised wound in the left supra scapular region, above the left shoulder 1Â 1/2 in length and 1" in depth, which had sharp edges and clear cut margins. It was, in his opinion, simple in nature and had been caused by a sharp object. He found only one injury also on the person of the deceased viz: an incised wound on the right parietal skull bone, 2Â 1/2" in depth, 1" in length and 1/2 Cms in breadth which had clear cut margins. This injury was found by him to have caused a compound fracture of the bone, though the brain had remain unaffected.