IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Appeal Nos.589 and 590 of 2001 Date of decision : April 6, 2009 Cr. A. No. 589 of 2001 Kapil Sahni alias Montu Vs. State of H.P. Cr. A. No.590 of 2001 Neeraj Verma Vs. State of HP. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1. Yes. For the appellants : Mr. O.P. Sharma, Advocate in Cr. A. No. 589 of 2001 and Mr. Anup Chitkara, Advocate in Cr. A. No. 590 of 2001. For the Respondent : Mr. P.M. Negi, Deputy Advocate General. Surjit Singh, Judge (Oral) In these two appeals the same judgment of conviction and sentence, i.e. judgment dated 10.10.2001 of learned Sessions Court has been assailed and, so, they are being disposed of by a common judgment. Appellants have been convicted of offence, under Section 307 read with Section 34 I.P.C. and sentenced to undergo simple imprisonment for seven years and to pay a fine of Rs.10,000/- each; in default of payment fine to undergo simple imprisonment for a further period of one year each. 2. Prosecution case, as per evidence adduced by it during the course of trial, may be summed up thus. On 7.2.1998 PW-6 Abhinandan Bhattacharya, a student of Horticulture University, Nauni, Whether reporters of the local papers may be allowed to see the judgment? …2… went to the place of his friend PW-1 Bhaskar Chaudhary at Rabon, a suburb of Solan town. Two other friends of PW-1 Bhaskar Chaudhary and PW-6 Abhinandan Bhattacharya were already there and their names are Vikas Lamba and Sunil Sarocha. Around 11.15 P.M. all the four friends left by a Maruti Van No. HP-14-2466, belonging to PW-1 Bhaskar Chaudhary, for bus stand Solan as Vikas Lamba, one of them, had to board bus for the place of his residence. When they reached bus stand, appellant Kapil Sahni alias Monti, who was already there, had an altercation with PW-1 Bhaskar Chaudhary over some trivial issue. Kapil Sahni @ Monti then went away. In the meanwhile Asheesh Dhobal, another friend of the above named four friends, came there. Vikas Lamba boarded his bus. Then the four friends, i.e. three friends who went to the bus stand in the company of Vikas Lamba and fourth Asheesh Dhobal, ordered for tea to the nearby tea stall owner. Bhaskar Chaudhary and Asheesh Dhobal sat inside the maruti van while the other two friends remained outside and were passing over glasses of tea to their friends in the van. In the meanwhile, appellant Kapil Sahni alias Monti reappeared in the company of appellant Neeraj Verma. Neeraj Verma took out a Khukhri and dealt a blow on the head of PW-6 Abhinandan Bhattacharya. When appellant Neeraj Verma aimed another blow on PW-6 Abhinandan Bhattacharya, he tried to ward that off by raising his right hand, which resulted in an injury to his hand. Forehead and hand of PW-6 Abhinandan Bhattacharya started bleeding profusely. When PW-2 Asheesh Dhobal came to the rescue of PW-6 Abhinandan Bhattacharya, he too was assaulted by appellants Neeraj Verma and Kapil Sahni alias Monti. While Neeraj Verma hit him with Khukhri, Kapil Sahni alias Monti dealt a blow with knuckle duster on the back side of his head. Ashish Dhobal also sustained some …3… bleeding injuries on his hands and the backside of his head. Abhinandan Bhattacharya was rushed to the hospital where he was provided medical aid. Police was informed telephonically by someone from the hospital. Police questioned the injured about the incident. Both the injured were got medically examined. Following injuries were noticed on the person of PW-6 Abhinandan Bhattacharya: “1. An incised wound on the right of forehead and scalp extending from just above the right eye brow to tempo-parietal region of the scalp. Blood gushing out from cut vessels, underlying muscles were also cut. Size of wound was 2 ½ inches in length, it was bleeding and compression bandage was applied. Advised x-ray skull. 2. 2-3 incised wounds size 7 cms each skin deep fresh bleeding margin clear cut on the left side lateral side of forehead stitches were applied. 3. Deep incised wound right hand hypothenar and medial side (vinar side). Size 1 ½ inches muscle also cut which was visible externally. Bleeding reddish present stitches applied. Advised x-ray right hand for 5th metacarpal.” All the injuries were opined to be simple in nature. Four days later, when a written request was made by the police to ascertain whether the injuries were dangerous to life or not, it was opined that if the injured had not been provided medical aid within 4-6 hours, he would have gone in hypovolaemic shock due to excessive bleeding and that could have proved fatal. 3. On the person of second injured, namely Asheesh Dhobal, following four simple injuries were found: …4… “1. There was incised wound on the palm of right hand (Palmar aspect) near base of index finger size 1 to 1 ½ inches in length skin deep margins sharply cut fresh red blood coming out of the wound stitches applied. 2. Incised wound right hand middle finger tip, size 1 ½ inches muscle visible fresh bleeding present. 3. Incised wound ring finger tip (distal phalynx) size 1 cm muscle visible fresh bleeding present. 4. Incised wound posterior part (occipital) scalp size 1 cm skin deep with secondary contusions reddish pink in colour bleeding present.” 4. Police recorded statement, under Section 154 Cr. P.C. of injured PW-6 Abhinandan Bhattacharya. The same is Ext.PW6/A. On the basis of this statement, case was formally registered, vide FIR Ext.PW5/B. Investigation was conducted. The two appellants were challaned in the Court of concerned Magistrate, who after complying with the requirement of Section 207 Cr. P.C, committed the case to the Sessions Court. Case was assigned to learned Additional Sessions Judge, who charged the appellants, with offences, under Section 307 read with Section 34 IPC and at the end of trial, convicted and sentenced them, as aforesaid. 5. Prosecution mainly relied upon the testimony of two injured, namely PW-6 Abhinandan Bhattacharya and PW-2 Asheesh Dhobal as also their friend PW-1 Bhaskar Chaudhary to bring the charge home to the appellants. PW-4 Dr. S.L. Verma was examined to seek corroboration to the ocular version given by the above named three witnesses. Other corroborative evidence led by the prosecution …5… was in the nature of discovery of Khukhri, at the instance of appellant Neeraj Verma, and recovery of knuckle duster from appellant Kapil Sahni alias Monti. 6. Appellants did not take any specific defence plea. A suggestion was given only to PW-4 Dr. S.L. Verma that if a person falls on broken pieces of glass, he may sustain injuries of the type noticed on the person of PW-6 Abhinandan Bhattacharya. However, no such suggestion having been thrown to the injured or the eye witnesses, the aforesaid statement of the doctor would be of no avail to the defence. 7. I have gone through the record and heard the learned counsel representing both the appellants, separately, as also the learned Deputy Advocate General Shri P.M. Negi. 8. The two injured examined by the prosecution very categorically stated that the incident had taken place in the manner as noticed hereinabove, while summing up the prosecution version. The same story is testified by PW-1 Bhaskar Chaudhary, an eye witness. There does not seem to be any reason to disbelieve their version, especially when defence has not taken any specific plea nor has it brought on record any material suggesting that the injured or the eye witness have any motive to falsely implicate the appellants, even though all the three, i.e. the two injured and the eye witness happened to be the friends and as such interested in each other. 9. The testimony of the injured and the above named eye witness is corroborated by the medico legal evidence, in the form of statement of PW-4 Dr. S.L. Verma as also the medico legal certificate Ext.PW4/D, issued by him. Further, the ocular version is corroborated by the earliest version given to the police by means of statement, under Section 154 Cr. P.C. Ext.PW6/A. …6… 10. Learned counsel representing the appellants have submitted that the FIR is ante-timed and this is demonstrated from the testimony of the injured as also the eye witness. They have drawn my attention to those portions of the testimony of the injured and the eye witness where they have stated that the police had made investigation at the hospital where they reached within ½ hour of the occurrence and that the statement, under Section 154 Cr. P.C, was recorded on the next following day, when the injured went to the police station. This, in my considered view, should not make any difference, for the testimony of the injured and the eye witness suffers from no major contradictions, inconsistency, discrepancy or defect. Not only that, the same is also corroborated by medico legal evidence. 11. However, from the testimony of PW-4 Dr. S.L. Verma, it is clear that this is not a case of attempted murder, but only a case of voluntarily causing hurt by means of sharp edged weapon. The doctor very categorically testified that he had given the opinion that all the three injuries found on the person of PW-6 Abhinandan Bhattacharya were simple and that he had recorded the opinion to that effect on the medico legal report, prepared on 8.2.1998. However, he stated that on 12.2.1998 a written request was received from the Police Station, seeking opinion whether injuries could have been dangerous to life or not and it was only then that he reported that injuries could have caused hypovolaemic shock due to excessive bleeding, had the injured not been provided medical aid within 4-6 hours to stop the bleeding. 12. It is nobody’s case that the wounds caused on the person of PW-6 Abhinandan Bhattacharya were so deep or so gaping that stitches were required to stop the bleeding. That means only bandaging was done to stop the bleeding and if it is so, this could have …7… been done even by a lay person on the spot to stop the bleeding. Hence, the opinion that if the bleeding would have continued for 4-6 hours, it could have caused hypovolaemic shock and such shock could have proved fatal, would not make the simple injuries dangerous or threatening to life. 13. In view of the above stated position, both the appeals are partly accepted. Conviction of the appellants for offences, under Section 307 read with Section 34 IPC as also the sentences for the said offences are set aside. Instead the appellants are convicted of offences, under Section 324 read with Section 34 IPC, and looking to the facts and the circumstances of the case they are sentenced to undergo rigorous imprisonment for six months each and to pay a fine of Rs.1000/- each; in default of payment of fine to undergo simple imprisonment for a further period of one month. Both appeals stand disposed of. April 6, 2009(ss) ( Surjit Singh ), J