- (1.) THIS appeal has been filed by the appellant against the judgment and order dated 13.6.2007 passed by the Additional Sessions Judge, Jalandhar, whereby he was convicted and sentenced as mentioned below : - "U/s 307 IPC : To undergo R.I. for seven years and to pay fine Rs.1000/ -. In case of default of payment of fine, he shall further undergo R.I. for three months; U/s 326 IPC : To undergo R.I. for three years and to pay fine of Rs.500/ -. In case of default of payment of fine, he shall further undergo R.I. for one month; U/s 324 IPC : To undergo R.I. for three months."
(2.) ALL the sentences awarded to the appellant were ordered to run concurrently. The period of detention already undergone by him during investigation and trial was ordered to be set off against the period of imprisonment imposed.
(3.) ACCORDING to the prosecution, the occurrence had taken place on 28.9.2004, at about 10.30 AM when the appellant, who used to work as ancilliary labourer at FCI godown in Dashmesh Ground, Nurmahal Road, gave repeated datar blows to Ravinder Matta as the latter had not signed the loan papers of the appellant and still the appellant had been able to get the loan sanctioned. Ravinder Matta was medico legally examined by PW6 Dr. Jaswinder Singh Bath, at Civil Hospital, Phillaur, on 28.9.2004, who found following injuries on his person : - "1. Incised wound 4 x 1cm on the forearm, muscle and tendon cut with profuse bleeding from ulnar artery crepitus felt underneath. X -ray was advised. 2. An incised wound 5 x 1cm on left palm starting from the wrist upto base of left finger bone deep. Advised x -ray. 3. An incised wound 4 x 2cm on back of left elbow bone deep. Advised x -ray. 4. An incised wound bone deep with bone cut 3 x 2cm on ocipital area. Bone pieces felt. Advised x -ray and CT scan. 5. Two incised wound 3 x 1cm and 3 x 1cm on fronto parietal region in mid line. 6. An incised wound 4 x 1cm on right forearm." The aforementioned doctor had declared injuries No.1 and 5 on the person of Ravinder Matta as dangerous to life whereas injury No.6 was grievous as fracture was found in the right ulna. PW1 Dr. Vishal Kalia of Dayanand Medical College, Ludhiana had conducted x -ray of Ravinder Matta on 28.9.2004 and found fracture of the frontal and right ulna bones. However, the x -ray of left forearm, chest, left arm, left hand and pelvis showed no fracture underneath. Criminal proceedings were initiated against the appellant on the basis of statement Ex.PF made by Sohan Lal, who was working as AG -I of the FCI godowns and had witnessed the occurrence in which the appellant had given repeated datar blows to Ravinder Matta, who was working as Assistant Manager. The appellant was arrested on 3.10.2004 and later on suffered disclosure statement, on the basis of which he got recovered datar Ex.P4. Upon completion of the investigation and presentation of the challan, the appellant was called to face trial for the aforementioned offences. After going through the testimonies of the prosecution witnesses and the statement of the appellant under Section 313 Cr.P.C., the trial Court came to the conclusion that it was the appellant, who had opened an attack and caused injuries to Ravinder Matta and, accordingly, he was convicted and sentenced, as mentioned above.;