Decided on September 05,1997

STATE OF H P Respondents


ARUN KUMAR GOEL, J. - (1.)RAJINDER Kumar (hereinafter referred to as the 'appellant') was tried alongwith Subhash Chand, the other accused for having committed offence under Sections 304/34 IPC. After conclusion of the trial, appellant was found guilty of offence under Section 307 IPC and was sentenced to undergo three years rigorous imprisonment as well as to pay fine of Rs. 1,000/ -, in default of payment whereof the appellant was directed to undergo further rigorous imprisonment for three months.
(2.)IT may be appropriate to mention here that Subhash Chand, the other co -accused appeared for some time before the Court below, but was subsequently declared as proclaimed offender and thus, it was the appellant alone, who was tried, found guilty and sentenced as noted above.
(3.)PROSECUTION case in brief is that on 14.12.1988 at about 8.30 PM, Amar Singh (PW.5) (hereinafter referred to as the 'injured') accompanied by Sudhir Kapta (PW.15) and Sanjeev Kumar (PW.4) went to Barber Shop at Sanjauli which was owned by one Suresh Kumar. These three persons found that Suresh Kumar was not present in his shop, but appellant and Subhash Chand were there in the shop. On inquiry having been made by the injured about Suresh Kumar, the appellant is stated to have shown his inability to give his whereabouts. At such point of time, injured is stated to have asked for a match stick from the appellant so that the former could light his cigarette. Match stick was not supplied, rather some wordy dual appears to have taken place between the injured and the appellant. At that time, Subhash Chand, co -accused is stated to have instigated the appellant to bring dagger from inside the shop which was accordingly brought and injury was caused with the said dagger (Ext. P.1) on the left side of the abdomen of Amar Singh who fell down after having received the injury in the shop itself. As per prosecution case, at this stage another blow was attempted by attempted by the appellant which was warded off by Sanjeev Kumar, PW and it resulted in causing a cut mark on the left arm of his jacket (Ext. P.7) which the witness was wearing at that time.
Immediately after having caused the stab wound to Amar Singh, both the accused, according to prosecution, fled away from the spot, Sudhir Kapta removed Amar Singh, injured, to Indira Gandhi Medical College Hospital, Shimla and Sanjeev Kumar PW is stated to have gone in search of the father of the injured. Since the father of Amar Singh was not available, therefore, he reported the matter at Police Post, Sanjauli and the police officials accompanied Sanjiv Kumar to hospital where nit was found that Amar Singh was not in a position to make the statement. Thus they returned back and went to spot. In the shop dagger (Ext. P.1) was found on the counter as also blood which had come out of the injury had fallen on the spot. The jacket was taken into possession alongwith the blood and dagger. During the course of investigation, blood stained clothes of Amar Singh were also taken into possession. Dr. R.S. Chauhan (PW.14) examined the injured and found the following injury on his person : "1. 1 sharp at one end that the lower end blunt apparent inclingn downwards just to the left of Diphi sternum. No no other fresh external injury. This injury was dangerous to life. The probable duration of the injury prior to the examination of the victim was within six hours. The weapon of offence was sharp edged."

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