JAGAR SINGH PRADHAN Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19th April. 1985 of the learned Additional Sessions Judge, Sikkim, convicting the appellant Jagar Singh Pradhan, under section 307 Indian Penal Code for attempting to cause the death of Meharman Subba and sentencing him to rigorous imprisonment for, 4 years.

(2.) The accused Jagar Singh Pradhan and the victim Meharman Singh are both residents of village Kitam, Police Station Jorethang, District South and were having strained relations. The prosecution case, as disclosed at the trial, is that on 16th May, 1983 Meharman Subba (P.W. 10) had gone to Kitam Bazar for purchasing sugar and shroud for the dead body of the father of Birsika who had died the same day and when he was returning after making the purchases and reached near the house of B. M. Darnal (P.W. 5), be met the accused Jagar Singh on the road and seeing him the accused took out his Khukuri in order to hit him, whereupon he turned around to run away, but the accused managed to hit him with his Khukuri on the balk side of his bead. After receiving the blow, Meharman Subba dropped the articles which he was carrying and started to run away and after reaching a distance of about 100 ft. near the house of B.M. Darnal, he fell on the ground, but the accused who was chasing him from behind, reached the spot and started hitting him with his Khukuri. The victim Meharman Subba could catch hold of one lathi and began to defend himself from the assaults, but after sustaining two Khukuri blows, the lathi broke down into two pieces. Then the victim Meharman Subba caught bold of the hand of the accused in which he was holding the Khukuri and then both began to struggle for the Khukuri. In the meantime, the accused managed to give One Khukuri blow on the shoulder of Meharman Subba. During the scuffle, B. M. Darnal, (P.W. 5) and some other witnesses came to the spot. B. M. Darnal snatched the Khukuri which was being held by both the victim as well as the accused. This Khukuri was later handed over by B. M. Darnal and K. P. Subba, Panchayat Secretary to the Head Constable at Majitar O.P., on that very date, that is, 16th May, 1983. Meharman Subba was examined by Dr. Tapan Sarbajna (P.W. 2) District Medical Officer of Namchi Hospital who found the following injuries on the person of the victim Meharman Subba: 1. Cut injury (fresh), active bleeding present, 3 x 1/2 x bone=deep middle of the head, scalp. 2. Cut injury (fresh), active bleeding present, 3 x 1/2 x bone deep over the left upper part of shoulder region backside;

(3.) Cut injury (fresh) active bleeding present, 1/2 x x over the left hand dorsal part basic of the phalangeal metacarpus region fourth;