- (1.) CHALLENGE in this appeal is to the judgment and order dated 13.10.2011 passed by Addl. Sessions Judge, Court no. -14, Meerut in S.T. No. 895 of 2002 State Vs. Ritu, whereby the appellant had been found guilty for the offence punishable u/s 307 IPC and had been sentenced to seven years' rigorous imprisonment and fine of Rs. 5,000/ - with default stipulation.
(2.) FACTS germane to the appeal are that complainant Ratan Pal s/o Ramanand r/o village Bhuni P. S. Saroorpur submitted a written report at P. S. Saroorpur District Meerut on 24.5.2003 at 7.50 p.m. alleging that today at about 7.00 p.m. while returning after natural call when his brother Madan Pal reached near the pond in the jungle, co -villager Ritu met him and said when he has eve teased his niece and why he is defaming him? When Madan Pal declined to have stated anything in this regard, Ritu abused and assaulted him with chhura (knife) on different parts of his body. He raised alarm and then Shakuntla w/o Yogendra informed him at home about the incident. The complainant along with his brother Satpal reached at the spot and then Ritu leaving the injured chased and warned that if the matter is reported against him he would see them. Along with the injured, the complainant reached at the police station and submitted his written report, on the basis whereof case at crime no. 83/03 u/s 324, 323, 504 IPC and 7 Criminal Law Amendment Act was registered against the accused -appellant. Investigation of the case was entrusted to SI S. S. Bhati and the injured was sent for medical examination to Medical College, Meerut. Dr. Pradeep Kumar, Casualty Medical Officer, S. V. B. P. Hospital, Medical College, Meerut examined injured Madan Pal on 24.5.2003 at 10.20 p. m. and he found the following injuries on his person: 1. Incised wound 9 cm X 3 cm On left eye brow which is bone deep. Skin dangling by the side. 2. Incised wound 10 cm x 3 cm x muscle deep across the right upper arm. 3. Incised wound 8 cm x 1 cm on the right upper part of chest extending down from the right side clavicle. 4. Incised wound 14 cm x 2 cm x muscle deep 5 cm from the right cubital fossa. 5. Incised wound 3 cm x 1.5 cm on the left upper part of chest 10 cm from left side nipple. Advised x -ray chest PA view in the region of upper part of abdomen (epigastrium). 6. Incised wound 5 cm x 2 cm x depth could not be probed in patient's interest. Fresh bleeding is present continuously. Advised x -ray abdomen AP (erect). 7. Incised wound 2 cm x 1 cm in the region of left subcostal margin fresh bleeding is present. 8. Incised wound 13 cm x 2 cm x bone deep from the base of intervening space of middle and ring finger of left hand going down up to the left writ joint. 9. Incised wound 10 cm x 1 cm over the back of head on the right side of head in the region of occipital and base occipital. 9 cm from the right ear, fresh bleeding is present. Advised x -ray skull, AP and lateral view. 10. Incised wound 5 cm x 1.5 cm in the region of inter scapular region more on the right side. The doctor has noted that all the above injuries were caused by sharp object and were fresh in duration. Injuries no. 5, 6, 7 and 9 were kept under observation and x -ray was advised. The investigating officer interrogated the complainant and witnesses. He inspected the spot on 25.5.2003 and prepared site plan. After transfer of SI Bhati, the investigation was entrusted to SI K. P. Singh PW -7. He interrogated the injured on 10.6.2003 and after completing other investigatory formalities submitted charge -sheet against the accused -appellant.
(3.) AFTER committal of the case to the Court of Session, charge for the offence punishable u/s 307 IPC was framed against the accused -appellant, who abjured his guilt and claimed trial. In order to prove its case, the prosecution had examined complainant Ratan Pal PW -1, injured Madan Pal PW -2, Bhagwan Das PW -3, Constable Gajendra Singh PW -4, SI S. S. Bhati PW -5, Dr. Pradeep Kumar PW -6, and SI K. P. Singh PW -7.;