Sham Sunder, J. - (1.) THIS appeal is directed against the judgment of conviction dated 17.12.1996, and the order of sentence dated 19.12.1996, rendered by the Court of Addl. Sessions Judge, Hisar, vide which it convicted accused/appellant Gurdev Singh, for the offence, punishable under Section 307 of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for a period of 7 years, and to pay a fine of Rs. 10,000/ -, and in default of payment of the same, to undergo rigorous imprisonment for another period of one year. It was further directed that out of the amount of fine, if deposited, a sum of Rs. 5,000/ - be paid, as compensation, to Shakuntala Rani, injured.
(2.) THE facts, in brief, are that on 6.8.1994, at about 5.30 AM, while Shakuntala Rani alongwith her son Sher Singh proceeded towards their dairy, situated in the area of Patel Nagar, Hisar, Gurdev Singh, accused, met her. She asked him, as to why, he quarreled with her tenant, Virender Singh, on the previous night. Gurdev Singh, accused, instead of giving any answer, to the said query of Shakuntla, attacked her with a katar (small kirpan), being carried by him, and inflicted injuries therewith, on her chest and abdomen, as a result whereof, she fell down. Even after she had fallen, the accused inflicted injuries with katar on her back and flank. Sher Singh, her son, who was a few paces behind her, came forward and rescued her. Sher Singh, raised alarm, which attracted her another son Arjun Singh, to the spot. Thereafter, the accused ran away from the spot with the weapon. She was taken to Civil Hospital, Hisar, in a vehicle, where she was medico -legally examined. Thereafter, she became unconscious. On receipt of Ruqa Ex.PQ, from the Hospital, Ramesh Chand, ASI, went there. He moved an application, seeking opinion of the Doctor, as to whether, Shakuntla was fit to make statement. The Doctor opined that she was unfit to make statement. Thereafter, he recorded the statement of Sher Singh, Ex.PF, which was signed by him, and endorsement Ex.PF/2, was made by him, on the same. He sent the statement of Sher Singh, to the Police Station, on the basis whereof, the FIR was registered. Thereafter, Ramesh Chand, ASI, visited the spot, in the presence of Sher Singh and Arjun Singh. He lifted the blood stained earth, from the spot, which was converted into parcel, duly sealed with the seal, bearing impression 'PL', and taking into possession, vide memo Ex.PG. Photographs of the spot, were got taken through Mia Singh, photographer. Thereafter, Ramesh Chand, ASI, took into possession, from the house of the complainant, one piece of Takhat, one chadar, one cover of mattress and banian of Sher Singh. All were converted into a parcel, duly sealed and taken into possession. Rough site plan of the place of occurrence was prepared. Thereafter, he again went to Civil Hospital, Hisar, but Shakuntala was not fit to make statement, as per the opinion of the Doctor. Even on 7.8.1994, she was not fit for making statement, as per the opinion of the Doctor. On 6.8.1994, Gurdev Singh, accused, was arrested. Gurdev Singh, accused, who also having an injury on his person. He was got medico -legally examined. On 7.8.1994, when the accused was in custody, he was interrogated, in the presence of Sher Singh and Arjun Singh, who made a disclosure statement, to the effect that he and concealed the katar, in a room of his dwelling house, and could get the same recovered. His disclosure statement Ex.PJ, was reduced into writing, which was signed by him, and attested by Sher Singh and Arjun Singh. The accused, then got recovered one katar Ex.PF. Rough sketch Ex.PK, of katar was prepared. The katar was converted into a parcel and taken into possession. Site plan of the place of recovery, was prepared. On 9.8.1994, opinion of the Doctor was received, according to which Shakuntala was fit to make statement. Thereafter, the statement of Shakuntla was recorded. One parcel containing the clothes of Shakuntla, was handed over to Ramesh Chand, ASI, which was taken into possession. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned. On This appearance, in the Court, the copies of documents, relied upon by the prosecution, were supplied to the accused. Charge under Section 307 of IPC, was framed against him, to which he pleaded not guilty and claimed judicial trial.
(3.) THE prosecution, in support of its case, examined Dr. Pawan Jain, Radiologist, General Hospital, Hisar (PW -1), Shamsher Singh, Draftsman, Hansi (PW -2), Khazan Chand, Statistical Assistant, General Hospital, Hisar (PW -3), Virender Singh, Constable (PW -4), Shakuntala Rani, injured (PW -5), Sher Singh, her son (PW -6), Jagdish Chander, ASI (PW -7), Mia Singh, Constable (PW -8), Jai Kishan, HC (PC -9), Ramesh Chand, ASI (PW -10), Dr. B.L. Bagri, Medical Officer, Civil Hospital, Hissar (PW -11), Dr. R.S. Dalal, Medical Officer, Civil Hospital, Hissar (PW -12), and Dr. Suresh Kumar, Medical Officer, General Hospital, Hissar (PW -13). Thereafter, the Public Prosecutor for the State, closed the evidence.;