Decided on November 22,2013

DHIR SINGH Appellant


- (1.) Appellant Dhir Singh has challenged the judgment and order of conviction rendered by the 3rd Additional Sessions Judge, Haridwar on 12.5.2011 in Sessions Trial No. 262/2007, State v. Dhir Singh & 4 Others. In the said trial, accused Atar Singh, his sons Dhir Singh & Veer Singh, his wife Smt. Ram Rati and his son-in-law Ram Kumar were tried for the offences under Section 147, 302/34, 307/34 and 323/34 IPC. Accused Ram Kumar is the resident of another village. The said trial pertains to Crime No. 54/2007, PS Kankhal, District Haridwar. Learned Trial Court acquitted all the accused persons from the offences under Section 147, 307/34, 323/34 IPC. However, Dhir Singh was found guilty of the offence under Section 302 IPC. He was sentenced appropriately. Rest of the aforenamed accused persons were also not found guilty of the offences under Section 302 IPC.
(2.) In the present case, PW4 Sukhpal initially lodged a short FIR against Dhir Singh and Veer Singh for the offence of Section 307 IPC only. It was alleged in that FIR that on 4.3.2007 at about 6.30 PM, when his nephews Vikas and Manoj were present in their house, accused Dhir Singh and Veer Singh, armed with lathi and baton, came there. They assaulted Vikas and Manoj with intention to kill them. But somehow they were rescued by the villagers. Complainant took both of them to the police station and lodged this FIR Ex. Ka-2 at 7.30 PM i.e. just within an hour of the incident. The police station was 7 kilometres away from the place of occurrence.
(3.) After lodging the FIR, injured persons were taken to the Government Hospital, Haridwar. They both were medically examined by PW15 Dr. Ravindra Thapliyal. The doctor found following injury on the body of injured Manoj, who was 30 years' old at that time: Lacerated wound of 7 cm x 1 cm bone deep on the back of head, 13 cm from left side ear, fresh bleeding present. X-ray advised. Patient unconscious. Pupil semi-dilated, sluggishly reacting. In the opinion of the doctor, the injury was fresh and it was caused by hard and blunt object. This injury report is Ex. Ka-10.;

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