Surinder Singh, J.
1. The appellant was convicted under Section 307 of the Indian Penal Code, for attempt to commit murder of PW2 Subhash Chand and also causing simple hurt to him and further under Section 324 of the Indian Penal Code for causing sharp edged injuries to PW1 Sanjay Kumar, therefore, he was sentenced to undergo imprisonment as under:
Offence under Section SentenceUnder Section 307 I.P.C. Rigorous Imprisonment for a period of five years and topay a fine of Rs. 10,000/- and in default of payment offine, further imprisonment for a period of one year.Under Section 323 I.P.C. No separate sentence has been passed, as the offencehas been committed during the offence under Section307 IPC.Under Section 324 I.P.C. Rigorous Imprisonment for a period of two years and topay a fine of Rs. 5,000/- and in default of payment offine, further imprisonment for a period of six months.
All the sentences were ordered to run concurrently. Feeling aggrieved, instant appeal has been filed by the appellant.
2. Precisely, the case of the prosecution is that, PW2 Subhash Chand was the owner of Truck bearing registration No.HP-64-0509, wherein he had employed PW1 Sanjay Kumar as a driver and Baldev Singh as cleaner.
3. On 23rd September, 2004, PW2 Subhash Chand was going on his Motorbike to Parwanoo to purchase 'Saria'. He was carrying a cash of Rs. 20,000/- and was having his mobile phone. When he reached near village Salech, tyre of his Motorbike got punctured. His truck driver PW1 Sanjay Kumar was waiting him on the way. In the meantime, a Jeep bearing registration No.HP-16-1637, owned by Kailash Chand came there, wherein PW6 Partap Singh, Chowkidar of Chandol Rest House was sitting therein. PW2 Subhash Chand took lift in the said Jeep and loaded his Motorbike to get repaired the tyre, at village Jagehar, where there was a shop of tyre puncture mechanic. The tyre was got repaired at that place. It had grown dark, thus, PW2 Subhash Chand dropped the idea to visit Parwanoo and decided to stay back for the night in Rest House at Chandol. While returning, PW6 Partap Singh, Chowkidar of the Rest House also took the lift on his Motorbike. On the way, they stopped at 'Kangu-ki-Jubdi' near Bhootnath temple to take food in a dhaba being run by the appellant. They stopped and Subhash Chand went inside the dhaba to enquire about the availability of the meals, but the appellant told that the food is not available. On this, PW2 Subhash Chand requested him to prepare the food, but the appellant started abusing him and gave beatings to Subhash Chand, which caused injuries on his face and other parts of the body. PW6 Partap Singh on hearing the commotion came inside. The appellant made both of them to sit in the dhaba for about 2 hours. He also snatched the amount of Rs. 20,000/- and mobile phone of Subhash Chand.
4. Around 12.30 a.m., PW1 Sanjay Kumar arrived there alongwith his truck. He stopped the truck near the dhaba, went inside and saw Subhash Chand sitting and PW6 Partap Singh. He noticed some injuries on the face of Subhash Chand and started making enquiries. Subhash Chand disclosed that he was beaten up by the appellant. Thereafter, PW1 Subhash Chand and his cleaner Baldev made PW2 Subhash Chand to board the truck and started moving back towards Rest House Chandol. PW6 Partap Singh followed them on the Motorbike of PW2 Subhash Chand. Appellant also arrived there and went to the house of PW3 Devender Singh, nearby and requested to effect the compromise. Devender Singh accompanied them to the Rest House, Chandol. PW2 Subhash Chand had already arrived there. PW3 Devender Singh intended to take them inside the room for compromise, but PW2 Subhash Chand demanded back his mobile phone from the appellant, but in turn, he got enraged and attacked him with his knife Ex.P5 and caused as much as five injuries to PW2 Subhash Chand on his chest and back. PW1 Sanjay Kumar tried to intervene, the appellant also inflicted injuries to him with his knife. PW4 Tara Singh, Madan and PW6 Partap Singh were standing aghast, the appellant disappeared from the seen of occurrence.
5. PW5 Inder Singh, father of PW2 Subhash Chand was informed telephonically about the occurrence. Both injured were taken to the zonal hospital Solan. Police was informed telephonically by the Medical Officer and his information was recorded in the roznamcha Ex.PW8/A.
6. PW8 HC Kuldeep Kumar, Investigating Officer visited hospital and moved an application Ex.PW8/B to record the statement of PW1 Sanjay Kumar, with respect to the incident.
7. PW1 Sanjay Kumar got recorded his statement Ex.PW1/A under Section 154 of the Code of Criminal Procedure, which culminated into the present FIR. The medical examination of PW1 Sanjay Kumar was conducted by PW13 Dr. Savita Aggarwal. She noticed sharp edged injuries on his person and issued MLC Ex.PW13/A. Simultaneously, PW2 Subhash Chand was also medically examined by her. The injuries, which were noticed on his person, were as follows:
(i). Incised wound about 2 cm long vertically placed about 3 cm below and lateral to the left nipple. The margin of the wound was inverted with soft tissue protruding from the wound. Bleeding was present through the wound.
(ii) CLW about 3 cm long horizontally placed about 5 cm below the left nipple.
(iii) CLW about 1.5 cm wide present on the right nipple.
(iv) Laceration 2 cm long present on left leg lateral side.
(v) Bleeding in the nose was present.
8. Injured Subhash Chand was also attended upon by Surgeon PW10 Dr. P.L. Gaunta. On investigation, ultrasonography had shown evidence of fluid collection on his left side chest. CT thorax was also done. It revealed that haemopnumothorax of the right side and heamothorax on the left side, thus, to extract the air and blood from the bilateral chest, tube thorocostomy was done and the injured was given the blood transfusion. He remained hospitalized till 9.10.2004. The treatment summary of the patient Ex.P10/B was handed over to the police. In the opinion of the doctor, the injury No. 1 caused to Subhash Chand was grievous and dangerous to life.
9. On 26th September, 2004, PW9 Chair Ram Chauhan, SI/SHO, Police Station Rajgarh visited the spot, prepared the site plan of the place of alleged incident and also taken the wearing apparels of PW2 Subhash Chand in the presence of the witnesses. Knife Ex.P5 was got recovered, pursuant to the statement made by the appellant under Section 27 of the Indian Evidence Act from a 'nallah' near village Chandol. The sketch map Ex.PW3/B of knife Ex.P5 was also prepared. It was sealed and taken into possession. The wearing apparels of the injured PW2 Subhash Chand and also the knife were sent for forensic examination. Only the wearing apparels were found containing the human blood.
10. After completing the investigation, the police came to the conclusion that it was the case under Sections 323, 324, 506, 379 and 307 of the Indian Penal Code, thus the challan was presented in the court for the trial of the appellant.
11. The appellant was charged for the aforesaid offences, to which, he pleaded not guilty and claimed trial.
12. To prove its case, prosecution examined injured persons PW1 Sanjay Kumar and PW2 Subhash Chand, the alleged eye witnesses, PW3 Devender Singh and PW6 Partap Singh besides examining other formal witnesses and also the doctors PW10 P.L. Gaunta and PW13 Savita Aggarwal.
13. The appellant was also examined under Section 313 of the Code of Criminal Procedure. The circumstances, which were found attendant upon were put to him. He admitted that Partap Singh and Subhash Chand both visited his dhaba and enquired about the food. Because of odd hours, food was not available. He stated that he neither abused nor gave any beatings to them as alleged. He also denied inflicting of knife blows either to PW1 Sanjay Kumar or PW2 Subhash Chand. He further stated that he was demanding the arrears of food, which were earlier served to Subhash Chand in his dhaba, but Subhash Chand started abusing him and threatened to teach him a lesson being a local man and also to vacate the premises, thus he was falsely implicated in this case.
14. The appellant was called upon to enter into his defence, but he did not lead any evidence in defence. At the end of the trial, the appellant was convicted and sentenced as aforesaid, but however, acquitted under Sections 379 and 506 of the Indian Penal Code, as these offences were not proved.
15. Shri R.S. Chandel, learned Counsel appearing for the appellant vehemently argued that the prosecution story as initially alleged was found to be false to the extent of committing theft and criminal intimidation, thus the second part of the story for attempted murder is also highly doubtful in view of the contradictory statements of the witnesses, therefore, it is the case where benefit of doubt should have been given to the appellant, to which the learned trial Court wrongly ignored.
16. Contra, Shri J.S. Rana, learned Assistant Advocate General supported the impugned judgment of conviction and sentence and forcefully argued that the evidence of the prosecution consists of the statements of the injured and also eye witnesses with respect to the offence punishable under Sections 307, 323 and 324 of the Indian Penal Code are quite consistent, trustworthy and leave no room for any doubt to say that the prosecution was not able to prove its case beyond reasonable doubt.
17. I have given my thoughtful consideration to the rival contentions of the parties and have carefully reappraised the evidence on record.
18. With respect to the incident in question, the statement of PW1 Sanjay Kumar and PW2 Subhash Chand injured persons are consistent and confidence inspiring. PW2 Subhash Chand and PW6 Partap Singh had categorically stated that after repairing the tyre, both of them came to the dhaba of the appellant at 'Kangu-ki-Jubdi' near Bhootnath temple, to take food during the night, but food was not available. However, Subhash Chand requested the appellant to prepare food, on which the appellant became abusive, manhandled Subhash Chand and gave beatings to him. On hearing the cries, PW6 Partap Singh came to the spot after parking the Motorbike outside. He was also roughed-up and both of them were made to sit in the said dhaba for about 2 and hours. In the meantime, PW1 Sanjay Kumar, driver alongwith his truck and cleaner Baldev alighted near the dhaba. They went inside and found, the owner of his truck Subhash Chand sitting there with the bleeding injuries alongwith PW6 Partap Singh. PW2 Subhash Chand on having been asked by PW1 narrated the entire story to him, thereafter Subhash Chand left the idea to visit Parwanoo, as it was too late and boarded his truck, which was driven back by Sanjay Kumar to village Chandol. Appellant also took the lift with PW6 Partap Singh on the Motorbike. They called PW3 Devender Singh from his house to reconcile the matter. Devender Singh came to the rest house. By that time, Subhash Chand had already reached in his truck at Chandol. He alighted from his truck and asked the appellant to return his mobile phone, which was taken from him by the appellant in his Dhaba at 'Kangu-ki-Jubdi'. On this the appellant got infuriated and attacked him with his knife causing 5/6 injuries as stated above. When he raised hue and cry, PW1 Sanjay Kumar intervened, he was also given the knife blows. When Devender Singh and others got attracted towards them, the appellant fled away alongwith weapon of offence. To this extent, the story of the prosecution stands fully corroborated. There is no doubt about inflicting of the injuries as stated above on the person of PW2 Subhash Chand and PW1 Sanjay Kumar.
19. As already noticed above, the evidence of the prosecution regarding the attack is confidence inspiring and was rightly believed by the learned trial Court to conclude that it was the appellant and appellant alone, who had inflicted the injuries with knife Ex.P5 on the person of PW2 Subhash Chand, which were dangerous to life. The doctors unequivocally stated about the nature of the injuries and its management and treatment done in the hospital. The repeated knife blows on the chest of injured PW2 Subhash Chand establish the intention of the appellant to cause murder and injury No. 1 was of such a nature, had the timely medical aid was not given to Subhash Chand, he would have died. Therefore, the offence under Section 307 of the Indian Penal Code for attempted murder of PW2 Subhash Chand stands proved beyond a reasonable doubt. Further the injuries on the person of PW1 Sanjay Kumar with a sharp edged weapon are also connected with the knife Ex.P5. Injured categorically testified that these were caused by the appellant and this fact has been corroborated by the independent witnesses, therefore, there is no reason to disbelieve his version.
20. As a sequel to the above, the cumulative effect is that the prosecution has been able to prove the offences for which the learned trial Court has convicted him, as such, sentence requires no interference. The appeal is without any merits, therefore, dismissed.
21. Send down the records.