Kanwaljit Singh Ahluwalia, J. - (1.) THIS criminal appeal has been preferred by Sukhbir son of Chande and Poppe alias Randhir son of Chande. Both were named as accused in case FIR No. 476 dated 11.9.1994 registered at Police Station City, Sonepat, under Sections 307, 324 and 34 IPC. They were convicted under Sections 307, 324 and 34 IPC. They were sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 5,000/ - each under Section 307 read with Section 34 IPC. In default whereof to further undergo rigorous imprisonment for six months each. They were further sentenced to undergo rigorous imprisonment for one year each under Section 324 read with Section 34 IPC. Both the sentences were ordered to run concurrently.
(2.) FIR in the present case was lodged at the instance of PW.5 Naresh. It was stated in the FIR by Naresh that a case is going on in between their family and Chande son of Bishamber Lal i.e. father of the appellants. There were some proceeding under Sections 107/151 IPC and the matter is also pending between the parties regarding partition of the house. It is stated that on 11.9.1994 at about 5.30 P.M. he was present in his house. Both the appellants were coming from the side of Bazaar and at that time Sukhbir was said to have stated to Naresh as to why he considered himself to be a big boss, upon which an altercation started and the complainant party also came in the street. It is stated that Sukhbir caught hold of Naresh and Randhir gave knife blow in the abdomen below portion of navel. It is further stated that when he tried to catch hold of the knife, then the knife caused injury on the right hand finger adjacent to the thumb. Medicolegal evidence corroborates the version given by PW.5 Naresh in the FIR. Following two injuries were found on his person: "1. One stab wound 1.5 X 1.0 cm with regular margins over left side of abdomen wall 5.0 cm below the umblicus 4.0 cm lateral to the medium plane. Fresh bleeding was oozing out. The patient was advised X -ray abdomen and Surgeon's opinion for this injury. 2. Two incised wounds 1 cm X 0.5 cm X muscle deep over right index finger first phlanx palmer aspect". PW.2 Dharampal has produced the medical record of Naresh. PW.3 Dr. A.K. Dalal had operated the abdominal injury of Naresh. PW.4 Rajesh, Constable, had prepared the scaled site plan. PW.5 Naresh is the injured witness. He reiterated the given version in the FIR. PW.6 Bhola alias Yashwant has corroborated the testimony of PW.5 Naresh as an eye -witness. PW.7 Mohinder Singh, Constable, on the basis of disclosure statement Ex.PK got recovered knife Ex.P1 vide recovery memo Ex.PL. PW.8 Ram Narain, Sub Inspector had received ruqa Ex.PJ and had recorded FIR Ex.PJ/1. PW.9 Ram Kishan, Assistant Sub Inspector, is the Investigating Officer.
(3.) AFTER the prosecution evidence was recorded, all incriminating evidence was put to the accused. They denied the prosecution evidence and pleaded false implication. No evidence was led in defence.;