Injured witness testimony holds high value unless compelling doubt; related witnesses scrutinized but not rejected merely for relationship if reliable; weapon recovery admissible as accused conduct even sans disclosure; medical/forensic corroboration suffices for conviction.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment of conviction and order of sentence dated 30.09.2010 passed by learned Additional Sessions Judge, Shimla (learned Trial Court) vide which the appellant (accused before learned Trial Court) was convicted of the commission of an offence punishable under Section 324 of the Indian Penal Code (hereinafter referred to as IPC) and was sentenced to undergo simple imprisonment for two years, pay a fine of Rs. 2,000/-, and in default of payment of fine to undergo further imprisonment of two months (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court against the accused for the commission of an offence punishable under Sections 307, 324 and 506 of the IPC. It was asserted that the victim Puran Chand (PW12) was going with his wife Padma Devi (PW13) to village Shergata on 02.02.2007, at about 11.00 AM to extend an invitation to the villagers as local Deity was to visit his home. Jagat Ram (accused) met him on the way. He was armed with a Darat. The informant Puran Chand wished Jagat Ram, but he (Jagat Ram) inflicted a blow by darat on the neck of Puran Chand. Puran Chand (PW12) moved to save himself and sustained an injury on his right shoulder. Informant Puran Chand shouted for help. Jagat Ram ran away from the spot and threatened to kill Puran Chand (PW12). Kamla Devi (PW14) and Guddi Devi also saw this incident. The informant was taken to the hospital, and an intimation was given to the police. The police recorded an entry (Ex.PW10/A) in the daily diary. SI Shyam Sunder (PW11), HC Tek Chand and Constable Gian Chand went to the hospital for verification. SI Shyam Sunder recorded the statement (Ex.PW1o/B) of Puran Chand, which was sent to the police station, where FIR (Ex.PW10/C) was recorded. An application (Ex.PW15/B) was filed for conducting the medical examination of the injured Puran Chand. Dr H.R. Rahi (PW15) conducted his medical examination and found that Puran Chand had sustained an incised wound with underlying muscles cut on the right shoulder, which could have been caused by means of a darat. He advised an X-ray. No fracture was detected in the X-ray. A report (Ex.PW15/A) was issued. ASI Jai Gopal (PW17) investigated the matter. He went to the spot and prepared the site plan (Ex.PW17/A). He found blood on the soil and the grit. He took the photographs (Ex.PW17/B1 to Ex.PW17/B3), whose negatives are Ex.PW17/B4 to Ex.PW17/B6. He seized the blood-stained soil and grit, vide memo (Ex.PW1/A). He put them in a plastic container, put the container in a parcel, and sealed the parcel with seal ‘T’. ASI Jai Gopal (PW17) recorded the statements of witnesses as per their version. Accused produced a darat (Ex.P3). ASI Jai Gopal prepared its sketch (Ex.PW2/B). He wrapped it in a paper and thereafter in a cloth. He sealed the parcel with seal ‘M’. The parcel was seized v