FAKIR CHAND Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6.9.1982 passed by the Addl. Sessions Judge, Sri Ganganagar convicting the appellant of.the offence under section 307 Penal Code and sentencing him to three years' rigorous imprisonment and to pay a fine of Rs. five hundred and in default of payment of fine, to further undergo six months' rigorous imprisonment. He has also been convicted under section 354 Penal Code and sentenced to one year's R.I. Both the substantive sentences have been ordered to run concurrently.

(2.) The prosecution case is that Munshi Ram (PW I) lodged an FIR at Police Station, Padampur. on 3.8.1981 stating that on 29.7.1981 at about 9.30 p.m., he along with his wife were sleeping on separate cots and at that time, accused Fakir Chand, who resides near the house, came over there and caught the arm of his wife Mst. Rami, on which she made cries. He immediately stood up from the cot. Accused-Fakir Chand took out the knife and stabbed in his stomach, on account of which he fell down on the cot. Hearing their cries, Chandu Ram, Amar Chand & Kishan Lal reached on the spot and chased Fakir Chand unsuccessfully. On this information, police registered a case against the accused for the offence under section 307 Penal Code and proceeded-with investigation. Before the trial Court, the prosecution examined nine witnesses and produced number of documents. The learned trial Court held the appellant guilty of the offence under section 307 Penal Code and sentenced him as stated above.

(3.) Assailing the aforesaid judgment, it is contended by Mr. Garg, learned counsel appearing for the appellant, that Mst. Rami has admitted the suggestion in the cross-examination that the accused's face was muffled with cloth. He further submits that it has also been admitted by all other witnesses that they have not seen the face of the accused. In view of this. the presence of the accused has become doubtful.