Decided on April 05,1979

STATE OF H.P. Respondents


H.S.THAKUR,J. - (1.) The appellant has been convicted by the learned Sessions Judge, Kangra at Dharamsala, for an offence under section 307, I. P. C. and sentenced to undergo rigorous imprisonment for 4 years, by his order dated the 24th June, 1978.
(2.) The facts of the case are that some horses belonging to the appellant strayed into the field of Ghansham Singh complainant, to which he took objection and asked the appellant not to allow the horses to destroy his wheat crop. Some altercation is stated to have taken place between the appellant and the complainant. It is stated that some days thereafter, on 19th, April, 1974, at about 6 -30 or 7 p.m. the complainant alongwith Sudesh (DW 1) was sitting on a canal bank and they were passing their time in gossiping and listening to the transistor. During this period, sudesh (DW 1) is stated to have told the complainant that he should not entertain any grudge against the appellant on small matters. The complainant is stated to have told him that he had no grudge against the appellant. It is further stated that the appellant appeared there and he was armed with an axe. As Ghansham Singh complainant was leaning towards the transistor to adjust its tone, the appellant gave an axe blow on the right side of the head of the complaint. The appellant is also alleged to have given two mere blows on the left arm and left thigh of the complainant. After sustaining the injuries the complainant it is stated to have fallen down unconscious. Sudesh (DW 1) and the appellant are alleged to have disappeared soon thereafter and the complainant regained consciousness after 15 or 20 minutes. At ma Ram (PW 3) and Vishwa Nath are stated to have reached there and enquired of the complainant as to what had happened to him. The complainant in a low voice is stated to have told them the manner in which he was injured by the appellant. Both these persons are stated to have removed the complainant to his house. The complainant is alleged to be not in a position to speak properly or in a position to walk. The complainant was taken to Palampur hospital on the next morning but the Doctor Incharge advised that he be removed to Dharamsala Civil Hospital. The complainant was removed to Dharamsala Civil Hospital where he was medically examined. The statement of the complainant was also recorded by the police in the hospital which is marked as Ex. PD and was sent to the Police Station, and on the basis of that statement formal F. I. R. (Ex. PD/1) was recorded. After completing the investigation of the case the appellant was challened.
(3.) The learned Sessions Judge, Kangra at Dharamsala tried the case and the appellant pleaded not guilty. The prosecution examined 9 PWs whereas the appellant examined 2 DWs in his defence. After recording the statement of the appellant under section 313, Cr. P. C. and after hearing the parties, he convicted the appellant for the offence under section 307, I. P. C. and sentenced him to undergo 4 years rigorous imprisonment.;

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