GANGA RAM Vs. STATE

JUDGEMENT

(1.) THE appellant Gangaram has been convicted by the Additional Sessions Judge, Alwar, vide his order dated 19th October, 1965 of an offence under Section 307, Indian Penal Code, and has been sentenced to an imprisonment for five years and a tine of Rs. 500/ -, in default, one year's further rigorous imprisonment. He has filed the present appeal.

(2.) THE case against the appellant is that on 3.7.1963 at about 2 p.m. in the premises of Gram Panchayat, Samola, the appellant attacked Harla with a dagger in the right side of the back above right iliac crest. He then again tried to give a second blow to Harla P.W. 1, but Baneysingh PW/2 Sarpanch caught hold of the band of the accused. The accused then tried to attack Baneysingh Alamsingh DW/1 came from behind and snatched the dagger from the hand of the accused. The accused tried to run away by jumping the wall of the Panchayat but Iqbalsingh and Shadi caught him. Baneysingh Sarpanch PW/2 sent a written report to the Police Station, Alwar. The injured Harla was taken to Alexander Hospital Alwar. Some Surgeon operated upon Harla and stiched the wound. Thereafter, Dr. G.P. Sharma Medical Jurist PW/5 examined the injuries and issued the injury report Ex. P. 5. In the injury report he merely gave the length of the injury as 5' long but not its breadh and depth. He did not also specify whether the injury was caused by blunt weapon or by a sharp edged weapon nor did he specify whether the injury was grievous or simple. At a later stage he issued a supplementary report Ex P. 6 on 13.2.1963 stating that in view of the operation notes of the Surgeon who operated on the patient as soon as he was brought to the Hospital, injury No. 1 might be considered as grievous, caused by sharp weapon After investigation, the case was challaned for the offence under Section 307, Indian Penal Code in the court of First Glass Magistrate, Alwar. After enquiry, the case was committed to the court of session, Alwar. The Additional Sessions Judge tried the case Bight witnesses were examined in support of the case PW/1 Harla is the injured: PW/2 Baneysingh ie the Sarpanch. of Gram Panchayat, Samola. The other witnesses PW/3 Sumer PW/4 Bhajja and PW/7 Murlidhar were produced as eye witnesses but they did not support the prosecution in material terms and were declared hostile, PW/5 is Dr. G.P. Sharma who issued the injury report Kanwarsingh PW/6 is the Station House Officer who conducted the investigation and PW/7 Ramavtar is the Head Constable who is alleged to have seized the weapon Article 1 when produced by Alamsingh DW/1.

(3.) THE Additional Sessions Judge after discussing the evidence found the accused guilty under Section 307, Indian Penal Code, and convicted and sentenced him.