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High Court Of Delhi
ASHOK KUMAR - Appellant
Versus
STATE OF DELHI - Respondent
CRIMINAL APPEAL 407 of 1976
Decided On : 02/23/1994
CRIMINAL LAW - SECTION 307, 323, INDIAN PENAL CODE - ASSAULT WITH INTENT TO COMMIT MURDER - EVIDENCE - MEDICAL EVIDENCE - X-RAY REPORT - OPINION OF DOCTOR - PROOF - SUFFICIENCY.
Fact of the Case:
The appellant, Ashok Kumar, was convicted under Section 307 of the Indian Penal Code for inflicting a head injury with a sharp-pointed weapon to Rajesh, the son of Hari Chand, and Khazani Devi, the daughter of Hari Chand, with the intention to kill them. The appellant denied the allegations and claimed that it was a false case due to enmity.
Finding of the Court:
The court found that the appellant had inflicted an injury on Khazani Devi's head with a datrali, but the nature of the injury could not be proved beyond reasonable doubt due to the absence of the doctor who had given the opinion about the fracture and the X-ray report. Therefore, the court held that the offense proved against the appellant was only under Section 323, IPC, for causing hurt.
Issues: 1. Whether the appellant had inflicted an injury on Khazani Devi's head with a datrali? 2. Whether the nature of the injury was grievous? 3. What offense was proved against the appellant?
Ratio Decidendi: 1. The court relied on the statements of eyewitnesses, including the injured, who had made categorical statements regarding the appellant inflicting the injury on Khazani Devi's head. 2. The court found that the medical evidence was insufficient to prove the nature of the injury as grievous due to the absence of the doctor who had given the opinion about the fracture and the X-ray report. 3. The court held that the offense proved against the appellant was only under Section 323, IPC, for causing hurt, as the prosecution failed to prove the intention to kill.
Final Decision: The court accepted the appeal in part, modified the appellant's conviction to Section 323, IPC, and reduced the substantive sentence to the period already undergone. The court also directed the appellant to pay the fine, if not already paid, within one month.
( 1 ) ASHOK Kumar son of Rishi Parkash resident of Ranamamurpur, Narela, Delhi, was tried for the offence under Section 307, Indian Penalcode in FIR No. 167/75, Police Station Narela, Delhi, with the allegations that on1. 8. 75 at about 6. 30 p. m. Ashok Kumar inflicted head injury with a sharp pointedweapon to Rajesh son of Hari Chand, complainant, near House No. 1921, Mamurpur, within the jurisdiction of Police Station Narela and also on the head of Kumarikhazani daughter of Hari Chand, with such intention or knowledge and undersuch circumstances that if by that act she had died, he would have been guilty ofmurder and, thus, committed an offence punishable under Section 307, Indianpenal Code.
( 2 ) ASHOK Kumar pleaded not guilty to the charge and claim trial. In supportof its case the prosecution examined Bhagwat Saroop, PW/1; Khazani Devi, PW/2; Channo Devi, Public Witness /3; Hari Chand, PW/4; Constable Kali Ram, PW/5; Constableurned Singh, PW/6; Head Constable Shodan Singh, PW/7; Dr. Renu Behl, PW/8;khazan Singh, record Clerk, Irwin Hospital, PW/9; Dr. S. K. Mathur, PW/io; ands. I. Kishori Lal, PW/i 1. Statement of the accused Ashok Kumar was recorded on30. 6. 76 in compliance of the provisions contained in Section 303 of the Code ofcriminal Procedure when a chance was given to him to explain the incriminatingevidence produced against him by the prosecution. He has denied all theallegations and claimed that it was a false case and witnesses deposed against himon account of enmity. It was also pleaded by him that on 1. 8. 75 he was passing bythe shop of Hari Chand when after calling him in the shop he was given abuses forhaving given bearings to Rajesh son of Hari Chand and that he was, thereafter,dragged inside the house by Hari Chand, Kazani, Dhanno and Bhagwat Saroop. He has also claimed that he tried to free himself and in that process Khazani Devireceived a push on account of which her head struck against a pillar causing injury. He examined Diwan Singh DW/1 and Ram Nath DW/2 in his defenes. Afterhearing arguments Ashok Kumar was convicted under Section 307 and sentencedto R. I. for three years with a fine of Rs. 200. 00 or in default to undergo further R. I. for two months by the Additional Sessions Judge, Delhi vide judgment dated
( 3 ) FEELING aggrieved from his conviction and entence Ashok Kumar filed thisappeal which was admitted on 7. 12. 1976 and he was ordered to be released on bail.
( 4 ) THE case was registered on the statement of Hari Chand son of Shri Dhannaram, who had inter alia stated that he alongwith his family was residing in villagemamurpur and was employed as a conductor. It was also pleaded by him that hewas running a vegetable shop on the ground floor of his house and during hisabsence the said business was being looked after by his wife and children. He wenton to state that on that day he had gone to his duty in the morning at about 5. 00 am. and on coming back to the house at 4. 30 pm. he came to know from his wifesmt. Chano about a quarrel between their son Rajesh and Ashok Kumar, residingin the neighbourhood and about the giving of fist and slap blows by Ashok torajesh. It was also stated by him that on that day in the evening at about 6. 30 p. m. Ashok Kumar came to his shop giving abuses to his children and gave threat ofkilling them. It was further stated by him that he requested Ashok Kumar not togive abuses and in the meantime he went away giving threats and came back witha Datrali with which he inflicted injury on the head of his daughter Khajani Devi,aged about 16 years.
( 5 ) THE matter was investigated and after recording the statement of thewitnesses Ashok Kumar was arrested. Opinion of Doctor was obtained withregard to the injuries of Khajani Devi, which were declared to be grievous, causedby blunt weapon.
( 6 ) I have heard Shri O. P. Dutta, learned Counsel for the appellant and Shrin. K. Handa, learned Additional Standing Counsel for the State. I have also gonethrough
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