ANITA CHAUDHRY, J. - (1.) THE appellant was convicted and sentenced to undergo five years rigorous imprisonment along with fine of Rs.1000/ - under Section 307 IPC. He was also convicted and sentenced to undergo rigorous imprisonment for two years along with fine of Rs.1000/ - under Section 452 IPC. In default of payment of fine, he was to further undergo imprisonment for six months for each default. The brief facts of the case reflected in Para No.2 of the judgment of the Sessions Judge, Ambala are reproduced as below: - "The facts leading to the case are that Jagdeep Singh accused, who is the nephew of Jai Kumar -injured (here -in - after referred to as the complainant), started living along with his family members (after shifting from Punjab) in the neighbourhood of the complainant. But after some days he started quarrelling with the neighbourers as a result of which he was sent back to his parental village. About three -four months prior to the occurrence, the accused came to the house of the complainant which was objected to by his (complainant's) brother Ram Kumar and nephew Jarnail Singh. However, that dispute was settled with the intervention of Bhag Singh Sarpanch but the accused took it to his heart and kept a grouse with the complainant and his brother etc. On the night intervening 3/4.1.2000 the complainant along with his children was sleeping in his house. At about 2:00 AM, his wife Saroj Bala woke him up saying that she was feeling feverish. He put his own quilt on his wife and he collected some wood in a 'Tasla' and burnt fire in order to get heat. He kept the door opened for ventilation of smoke. At that very time the accused trespassed into his house and attacked the complainant with a knife at the back of his neck. The accused also gave a fist blow on the chest of the complainant. The complainant raised alarm. His wife at once got up from the bed. On hearing the alarm raised by the complainant, his brother Ram Kumar reached at the spot but immediately on his arrival, the accused ran away from the spot. Ram Kumar called the Sarpanch of the village at the spot. The complainant was taken to Civil Hospital, Ambala Cantt, by his brother Ram Kumar and the Sarpanch of the village. He was given first aid and then referred to PGI Chandigarh but he was taken by his brother to Monga Hospital, Ambala Cantt, and got admitted there. The statement of the complainant Ex.PN was recorded by the police in Monga Hospital at 8:10 AM on 4.1.2001 leading to the registration of this case under Sections 323/452/324 IPC. On 15.1.2001, the doctor opined that the injury of Jai Kumar at the back of his neck could be dangerous to life. Then the offence under Section 307 IPC was added."
(2.) THE prosecution in order to prove its case examined the complainant Jai Kumar PW -8, his wife Saroj Bala PW -9, besides the Medical Officer and police officials. PW -11 Dr.Tarsem Monga proved Ex.PU/1, vide which he had given an opinion that the injury inflicted on the back of the neck was dangerous to life. The accused abjured the trial and pleaded false implication. His defence was that a false case had been registered as the complainant and his brother had encroached over their ancestral land and they were insisting on retaining possession and an unknown assailant had attacked the complainant. He denied that any recovery was effected from him. The trial Court examined the evidence and accepted the statement of witnesses and convicted the appellant under Section 307 and 452 IPC and sentenced him for a term as noticed above.
(3.) AGGRIEVED with the judgment of conviction and order of sentence dated 6.11.2002, the appellant had filed this appeal which was admitted on 16.12.2002.;