Kanwaljit Singh Ahluwalia, J. - (1.) THE present appeal has been filed by Ram Singh son of Khamba Ram. He is aggrieved against the judgment of conviction and order of sentence, both dated 11.8.2000, rendered by the Court of Additional Sessions Judge, Narnaul, who held him guilty for the offence under Section 307 IPC and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000, in default whereof to further undergo rigorous imprisonment for a period of six months.
(2.) THE prosecution version has been divulged by PW.11 Vidya Dhar in his statement Ex.PG made to PW.13 Shish Ram, Assistant Sub Inspector. The occurrence, in the present case, had taken place on 30.10.1997 at about 10.00 P.M. It was a Diwali night. The statement of PW.11 Vidya Dhar was recorded in village Gehli on the intervening night of 30.10.1997 and 31.10.1997 at about 4.30 A.M. PW.11 Vidya Dhar, in his statement, stated that Appellant Ram Singh, who was working as a Driver on the truck bearing registration No. HR -19 -0385, owned by his brother -in -law. For operating the truck, Appellant Ram Singh intended to purchase its tyres. PW.7 Sanjay, son of the complainant, had arranged three tyres from his known person of Naseebpur, on loan, for Appellant Ram Singh. The total cost of the tyres was Rs.29,000, out of which the Appellant had paid a sum of Rs.12,000 at the time of purchase thereof. The remaining amount of Rs.17,000 was agreed to be paid by the Appellant on Diwali. On the night of Diwali, PW.7 Sanjay demanded the amount of Rs.17,000 from the Appellant. At that time, PW.10 Udey Vir Singh and PW.12 Sumer Singh were also present at the spot. The Appellant was unable to pay the remaining amount of Rs.17,000. Then an altercation took place between the Appellant and PW.7 Sanjay. Thereafter, the Appellant became enraged and hit Sanjay with the truck. The Appellant had reversed the truck and had crossed the same over the legs of PW.7 Sanjay. Sanjay, PW.7, who was lying under the truck, was extricated and taken to the hospital. He was examined by PW.5 Dr. Ajay Mann, who found the following injuries on the person PW.7 Sanjay: 1. Deformity right mid thigh with abnormal mobility present. There was swelling all around the right thigh. The injury was kept under observation and the patient was advised X -ray of the same. 2) Deformity right leg near junction of lower 1/3rd and upper 2/3rd. 5Cm x 1.5 cm bone deep laceration on anterior lateral aspect of the part. Bleeding was present. The injury was kept under observation and patient was advised X -ray of the same. 3) There was 20cm x 10 cm long reddish abrasion on the lateral aspect of left thigh, lower half and knee. He was complaining of pain in that part. Injury was kept under observation." The trial Court relied upon the testimonies of PW.7 Sanjay, PW.10 Udey Vir Singh, PW.11 Vidya Dhar and PW.12 Sumer Singh to hold that non payment of the loan and demand of money by PW.7 Sanjay was the main cause and motive to run over the truck on the injured.
(3.) MR . N.K. Sanghi, Advocate, appearing for the Appellant, submits that the story of the motive and the demand of loan amount is a made up affair. Infact, it is a case of accident. To prove this fact, Mr. Sanghi has relied upon Ex.PC -Medicolegal Report of PW.7 Sanjay wherein the doctor has recorded that the injured gave the history of road accident. Mr. Sanghi has further referred to the testimony of PW.5 Dr. Ajay Mann, who, in his cross -examination, stated as under: ... It is correct that in the MLR Ex.PC, the history given by the patient/attendant was that of road accident in village Gehli. The patient was conscious when medicolegally examined by him...;