HIGH COURT OF HIMACHAL PRADESH
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T.R.HANDA,J. - -
(1.) This appeal is directed against the judgment of conviction recorded by the Sessions Judge, Hamirpur on 30 -11 -1974 whereby the learned Sessions Judge convicted the present appellant under section 324 I P. C. and sentenced him to undergo rigorous imprisonment for two years and to pay a tine of Rs. 500/ -.
(2.) The story of the prosecution briefly put is that on 19 -4 -1972 at about 9 a. m. PW Smt. Kailasho who is a widow aged about 50 years was sitting in the court -yard of her house when the appellant approached her and told her that he had brought a message from her daughter about her welfare. PW Smt. Kailasho offered a cot to the appellant for his sitting and herself sat on the floor. The appellant who was then concealing a DRAT in the PATTOO which he was wrapping around him took out that Drat and all of a sudden started inflicting blows with that on the person of Smt. Kailasho. Besides PW Smt. Kailasho, her daughter -in -law PW Smt. Kamla and her two infant grand chilren were present in the house. PW Smt. Kamla was then on the upper storey cooking food in the kitchen. PW Smt. Kailasho raised an alarm which attracted the attention of PW Smt. Kamla who noticed the appellant inflicting blows on her mother -in -law. PW Smt. Kamla rushed down and in the meanwhile Shri Kuldip Chand DW was also seen coming that side presumably attracted by the alarm raised by Smt. Kailasho. The appellant thereupon made good his escape after inflicting as many as 13 injuries on the person of Smt. Kailasho. Smt. Kailasho was then taken in a PALKI to civil hospital Badsar by PWs Hans Raj, Rulia and Chhango and DW Kuldip Chand etc. As no doctor was available at Badsar hospital, she was then taken to Police Station Badsar where her statement Ex. PA was recorded on the basis of which formal First Information Report Ex. PA/1 was registered. She was then taken to civil hospital Bhota where she was medically examined the same day at about 2.45 p. m. During the course of investigation it was revealed that four or five years prior to the occurrence the appellant had made an application at the Police Station accusing PW Smt. Kamla daughter -in -law of Smt. Kailasho of being a woman of loose character which act of the appellant was resented by Smt. Kailasho. This ultimately resulted in inimical relations between the appellant and Smt. Kailasho and was the alleged motive of the crime.
(3.) The plea of the appellant in the trial Court was that Smt. Kailasho had been injured by some unidentified person and on account of the inimical relations between him and Smt. Kailasho she had falsely involved him in this case.;
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