- (1.)BY this appeal, the appellant has challenged the legality and propriety of the judgment of conviction and order of sentence dated 2. 5. 2007 passed by the sessions Judge, Bilaspur, in Sessions Trial no. 14/2007 whereby the learned Sessions judge after holding the accused/appellant guilty for commission of offence for attempt to commit murder, convicted under Section 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 500/-, in default of payment of fine, to further undergo rigorous imprisonment for 3 months.
(2.)THE judgment is challenged on the ground that without there being any independent and credible evidence as also not supported by medical evidence, the trial court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.
(3.)CASE of the prosecution, in brief: Ac-cused and injured complainant Ku. Poonam (PW5) are close relatives. Ku. Poonam is niece of accused Indrapal. They are residing in the same vicinity. Both the families are having inimical terms. On 8. 6. 2006 at about 8. 30 p. m. accused stationed his motorcycle and obstructed the way of the complainant's family. They told the accused to keep the motorcycle in other place, but he refused. When injured Poonam was removing bricks, which were spread on the way, accused came with iron rod and tried to assault father of the injured Ku. Poonam i. e. Chandrapal (PW6 ). Persons of the vicinity came and intervened the matter and they took the accused towards his house. After sometime accused again came to the spot and after abusing and threatening, he assaulted Ku. Poonam by bricks and spiral iron rod over her head. She became unconscious. Father of the complainant namely chandrapal lodged the FIR vide Ex. P/6 within 30 minutes of the incident. Immediately, they took the injured Poonam to the cims Hospital, Bilaspur where she was examined by Dr. R. K. Upadhyaya (PW1)vide Ex. P/1 and he found one lacerated wound of 3 x 2 x 2 cm over her right temporal region. Clotted blood was present and one incised wound of 11 x 1/5 x 1/5 cm obliquely situated over her right parietal region. The doctor suggested for city-scan. Her condition was bad and reflecting action was not proper. She was admitted in the hospital. During the course of her treatment, she was admitted on 10. 6. 2006 at Smt. Vimla devi Memorial Hospital and Research centre, Bilaspur where Dr. Ashok Kumar shende (PW13) upon her examination and treatment noticed that her bone of the head was fractured and inserted into brain. Membrane of brain was rupture and huge amount of blood was found inside the brain and matter was informed to the police vide ex. P/22 and finally she was discharged on 19. 6. 2006. Her bed-head ticket is Ex. P/23. Piece of frontal parietal bone of 3 x 3 cm was found inside the brain. Swelling was present over the brain. Air was found inside the brain. Doctors removed the blood and piece of bone from the brain. The doctor has opined that injury found over the body of complainant Ku. Poonam was serious in nature and fatal to the life and in the absence of immediate treatment, even it was sufficient for causing death. The accused was taken into custody on 29. 6. 2006. He made disclosure statement relating to bricks, iron rod and motorcycle vide Ex. P/3. At the instance of accused Indrapal, one rounding (spiral) rod of 95 cm and motorcycle were recovered vide Ex. P/4, The accused was arrested vide Ex. P/5. Blood stand clothes of the injure Poonam was recovered vide Ex. P/7. Spot map was prepared by patwari vide Ex. P/8. Two pieces of bricks, blood stained soil and plain soil were seized on 9. 6. 2006 vide Ex. P/11. Spot map was prepared by Investigating officer vide Ex. P/ 11. Seized articles were sent for chemical examination vide Ex. P/18.
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