- (1.) The present appeal has been filed by appellant Parmod Kumar @ Sona, against the judgment/order dated 27.2.2001, whereby the learned Additional Sessions Judge, Amritsar convicted accused Parmod Kumar @ Sona under section 307 Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5000/- or, in default of payment of fine, to further undergo rigorous imprisonment for three months, whereas, co-accused Harchand Singh @ Bau was convicted under section 307/34 Indian Penal Code and was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5000/- and, in default of payment of fine, to further undergo rigorous imprisonment for three months. Under Section 450 IPC, both the accused were convicted and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5000/- or, in default of payment of fine, to further undergo rigorous imprisonment for three months. Both the sentences were ordered to run concurrently. The brief facts of the case stand reflected in para 2 of the judgment of the Learned trial Court, are re-produced as under:- This case was registered on the statement Ex. PJ of Harwinder Singh through first information report Ex. PJ/2. It was reported by the complainant that he is resident of village Hoshiarpur Nagar. He was running a clinic in his shop and he opened a school. On 27.6.1997, the complainant, his wife and his minor daughter were present in the court yard of their house. He was lying on the cot. The wife of the complainant was closing the door. At about 10.30/11 p.m., the electricity was on in the court yard. The accused who belong to the village of the complainant entered into the house of the complainant. Sona accused was armed with a Chhura (stab). One more person was standing at a distance which was not identified by the complainant. Sona accused gave a Chhura blow in the abdomen of the complainant. He raised cry. The wife of the complainant came there. The accused ran away from the spot. The injured was removed to the hospital. The motive to cause injuries was that Harchand Singh alias Bau accused earlier committed theft of the ear-ring of the wife of the complainant. The panchayat was called and the ear ring was got returned by the panchayat. Bhupinder Singh ASI conducted the investigation. On 1.7.1997 he obtained the opinion of the Doctor Ex. PE/1 who declared Harvinder Singh as fit to make his statement. Prior to that, injured was declared unfit to make statement vide applications Ex. PF, Ex. PL and Ex. PM Vide reports Ex. PF/1 Ex. PD/1 and Ex. PM/1. Statement Ex. PJ was read over to Harvinder Singh who thumb marked the same after admitting it correct and it was sent to the police station by making endorsement Ex. PU/1 on the basis of which, formal FIR Ex. PJ/2 was recorded. He inspected the place of recovery and prepared the rough site plan Ex. PN. He took into possession one shirt Ex. P1 and Pajama Ex. P2 which were stained with blood vide recovery memo Ex. PK attested by the PWs. On receipt of report Ex. PB, offence under section 307 IPC was added. He recorded the statements of the witnesses. He obtained the opinion of the doctor Ex. PO/1.
(2.) To substantiate its allegations, the prosecution examined PW 1, Dr. Inderjit Singh Bagga, who examined the injured on 1.7.1997 and gave his opinion on application Ex. PC/1.
(3.) PW 2, Dr. Jayant Chawla, Junior Resident, Chawla Hospital, examined the injured on 28.6.1997 (day of occurrence) and conducted the operation. Ex. PB is the operation notes. Ex. PD is the bed head ticket of the patient.;