Decided on August 20,1979



T.R.HANDA,J. - - (1.) The appellant Mohinder Singh has been convicted under sections 451 and 394 read with section 397 of the India Penal Code by the Additional Sessions Judge, Dharamsala who after hearing the appellant on the question of sentence, sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 300 and in default to undergo further rigorous imprisonment for one month under section 451, I. P. C. and to undergo rigorous imprisonment for seven years under section 394,1. P. C. read with section 397, I. P. C, and to pay a fine of Rs. 500 and in default to undergo further rigorous imprisonment for three months. The sentences were directed to run concurrently. The facts of the prosecution case, stated briefly are as follows:
(2.) The appellant Mohinder Singh used to sell cloth as a hawker and in course of that business he had been visiting village Dyarain the jurisdiction of Police Station Dharamsala. On 6 -5 -1976 at about 1 p. m. the appellant was in village Dyara where he first went to the house of P. W. 4 Shrimati Savitri where he took his meals. Thereafter he went to the house of P. W.3, Shrimati Kaulan who at that time was all alone in the house, her husband and both her sons having gone out on their work. Her house is somewhat away from the Abadi, the nearest house in the neighbourhood being about 200 yards away. The appellant after confirming from P. W. Kaulan that her husband and both her sons were away pounced upon her, removed a pair of silver Balis from her ears and in the process tore off the lobule of her one ear. He then manhandled her and also removed a gold Long and Tili from her nose. As a result of the blows inflicted upon her by the appellant with his fist and also with an axe, which was lying nearby, Shrimati Kaulan became unconscious. Her son P. W. 5 Jagat Ram on return home was the first to detect her lying unconscious with injuries on her person. He removed her to the Civil Hospital Dharamsala. The Medical Officer Incharge of the Hospital who examined her sent a written information to the police about the admission of Shrimati Kaulan in the Hospital with injuries on her person and in response to that information, head constable Richpal Singh, P. W. 11 visited the Hospital and recorded -the statement of Shrimati Kaulan, found at Ex. P. D. Formal F. I. R. Ex. P, A. was later recorded on the basis of the said statement of Shrimati Kaulan. In her statement aforesaid Shrimati Kaulan had not only given a detailed account of the occurrence but also a vivid description of her assailant. During the investigation the appellant was arrested and while in police custody he made a disclosure statement to the effect that he had sold the pair of silver Balis as also the gold Tili and Long to one Charni Jat of village Ghumman in the jurisdiction of Police Station Dhariwal and that he could get the same recovered. Later in pursuance of that disclosure statement he led the police party to the house of Charni in village Ghumman were Shri Charni produced the pair of Balis as also the gold Long and Tili which ornaments were identified on the spot by Shrimati Kaulan who was also then accompanying the police party. As a result of the investigation, a prima facie case having been found to exist against the appellant, he was challaned to the Court and later committed to the Court of Sessions. The defence of the appellant in the Court below was that of denial simplicitor.
(3.) As already stated, the learned Sessions Judge on the basis of the material produced before him found the appellant guilty of the offence under sections 451, 394 and 597, I. P. C. and convicted him accordingly.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.