Chander Bahadur vs State of H.P.

Bhawani Singh, J.—This appeal is by the accused against his conviction by Additional Sessions Judge (I), Kangra, in Sessions Case No. 2 of 1990 whereby the accused has been convicted by decision of 23-6-1990 for offence under Sections 452 and 307, Indian Penal Code and sentenced to rigorous imprisonment for a term of two years and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further simple imprisonment for six months for offence u/s 326, Indian Penal Code, and for offence u/s 452, Indian Penal Code, he has been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200/- and in default of payment of the same, to suffer further simple imprisonment for one month. It has also been ordered that Rs. 500/-, on the recovery of the fine from the accused, be paid to the complainant Smt. Mindo Devi for the injury suffered by her. However, the sentences have been ordered to run concurrently. The accused has been given the benefit of Section 428 of the Criminal Procedure Code.

Since the learned Counsel for the accused confined his submissions to the sentence part of the case submitting that the sentence imposed in this case may be reduced as the accused is a first offender and has to look-after his family in Nepal. Therefore, instead of going into the details of the matter, broad facts of the case are being given in this judgment, then, finally, touching the aforesaid prayer of the learned Counsel for the accused.

The allegation against the accused is that on 9-10-1989 at about 8 p.m. while complainant Smt. Mindo Devi (PW-5) was in her room along with her sister Smt. Sita Devi (PW-6) and children, the accused came in a drunken condition. He demanded liquor from Smt. Mindo Devi who, finding that the accused was drunken, asked him to go out. The accused lost his temper and started asking Smt. Mindo Devi as to why she had kept some-one else with her and that she was not leading a chaste life. On this, Smt. Mindo Devi wanted to push him out of the place and while doing so, the accused stabbed her with a small knife in her stomach. Smt. Mindo Devi and her sister Sita Devi raised hue and cry. Smt. Mindo Devi fell down on the ground and started bleeding. People came to the scene and Smt. Mindo Devi was shifted to the hospital at Baijnath by an Electricity Department Truck.

Then the matter was reported to the Police and a case under Sections 452/307 of the Indian Penal Code was registered against the accused. This was followed by investigation by the Police and it collected the blood-stained soil, stones and the knife. They were taken into possession in accordance with regular procedure. The Police also prepared site plan and sent the articles in a sealed parcel to the Chemical Examiner, Patiala for analysis. The accused was also arrested in this case. After collecting evidence in this case, the accused was prosecuted and he was charged for the aforesaid offences to which he pleaded not guilty and claimed to be tried.

The prosecution examined as many as ten witnesses, out of whom, two are doctors, namely, Dr. B. Prahlad (PW-1) and Dr. D.N. Chada (PW-10). These witnesses examined Smt. Mindo Devi one after the other and gave their medical opinion in this case.

According to them the injury in question was grievous in nature and could prove danger to life, in case timely medical help was not extended to Smt. Mindo Devi. On medical examination, the nature of the injury was:

A cut wound of peritonea deep measuring 21/2 cms. 21/2cms. over the right side of the abdomen just below and right lateral to the abilical region. Omentum seen outside the abdomen, wound was bleeding on touch.

Then, there are versions of victim Smt. Mindo Devi (PW-5) and her sister Smt. Sita Devi (PW-6). They have given detail about the incident and have clearly stated that it was the accused who had given the stab wound, In addition to them, other important witnesses, who have supported the prosecution case, are Mohan Singh (PW-7) and Hoshiar Singh (PW-8). The Police has also recovered the weapon of the offence, i.e. knife (Ext. P-l) by which the accused stabbed Smt. Mindo Devi. On the basis of the evidence on record, the trial Court came to the conclusion that the prosecution case against the accused under Sections 326 and 452, Indian Penal Code stood established and he was liable to be punished therefore. Accordingly, the accused was convicted and sentenced as already mentioned herein above.

Now, the question arises whether there is some justification to allow the plea of M.G. Chitkara, learned Counsel for the Petitioner, that the sentence awarded to the accused may be reduced for the reasons already stated in the earlier part of this judgment? The matter has been examined quite exhaustively in the light of the circumstances in which the offence was committed by the accused. He has been held responsible for the commission of the crime against Smt. Mindo Devi, who, after the death of her husband, was living along with her sister and minor children alone in the accommodation in question. The accused goes there in a drunken condition, sits there and asks for liquor and when she refuses and asks him to go away, he loses temper and abuses her. Thereafter, he pierces knife into her stomach to such an extent that the omentum had come out from the abdomen. It was just by chance that she escaped serious injuries to the intestines and as noticed by Dr. D.N. Chada (PW-10), seriousness to the injur)'' had set in due to the perforation of omentum, Jejunum and hyemo paritoneum. The injury was likely to prove fatal but for the timely medical aid extended to Smt. Mindo Devi. The act of the accused is quite serious and the submissions made by the learned Counsel for the accused do not out weigh the same. The punishment awarded by the trial Court, in my opinion, is already on the lower side and calls for no interference by this Court.

The result, therefore, is that there is no substance in this appeal and the same is accordingly dismissed.