Decided on May 28,2013

Saroju Lal Appellant


- (1.) A first information report was lodged by Chander Lal against Saroju Lal on 17.11.1998, in PS Badkot in respect of offence punishable under Section 324 IPC. It was alleged in the first information report that, on 16.11.1998, at 7:00 p.m., accused-appellant Saroju Lal inflicted a blow of knife on the abdomen of brother of informant, as a result of which, the injured Kusiya Lal sustained grievous injuries. The injured was taken to the Community Health Centre, Naugaon, District Uttarkashi.
(2.) The medical officer examined injured Kusiya Lal and noticed following injuries: " (i) 2 1/2 cm long 1 cm wide stab wound abdomen just superior to umbilicus. Depth of wound cannot be measured as it cannot result injury to intestine. Brought by Shri Chandru Lal brother of patient. General examination ........ Systemic examination - ...... Abdomen Guarding - Bowel sounds diminished . Patient referred to District Hospital, Dehradun for admission and treatment. Note : duration of injury is around 6 to 7 hours and caused by sharp edged and pointed object."
(3.) After the investigation, a charge sheet in respect of offence punishable under Section 307 IPC was filed against the accused. The case was committed to the Court of Sessions. When the trial began and the prosecution opened it's case, charge for the selfsame offence was framed against the accused-applicant, to which he pleaded not guilty and claimed trial. Seven witness, namely, PW 1 Chandra Lal, PW 2 Kusiya Lal (injured), PW 3 Kinchhu (father of the victim/injured), PW 4 Rati, PW 5 Dr. Bachan Singh, PW 6 constable Rajendra Singh and PW 7 Buddhi Lal were examined on behalf of the prosecution. Statement of the accused-appellant under Section 313 Cr.P.C. was recorded, in which he stated that he was falsely implicated in this case. No evidence was given in defence. After considering the evidence on record, accused-appellant Saroju Lal was held guilty of the offence punishable under Section 324 IPC. He was sentenced to rigorous imprisonment for two years. Aggrieved against the impugned order dated 27.09.2001, present criminal appeal was preferred.;

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