JUDGMENT Sureshwar Thakur, J. - The instant appeal, stands directed, by the convict, against, the, verdict, of, his conviction, as rendered by the Addl. Sessions Judge-I, Shimla, upon, Session Trial No. 1- S/7 of 2015, vis--vis, a charge drawn under Section 307, of, the Indian Penal Code. He also, becomes aggrieved, from, the consequent therewith imposition(s), upon him, of, sentence(s), of, imprisonment, extending upto a term, of, 5 years, and, besides from his becoming sentenced, to, also pay fine, of, Rs. 20,000/-, in default whereof, he became sentenced, to, undergo simple imprisonment, for, a further term, of, two months. 2. The genesis, of, the prosecution case, is, embodied in Ext. PW19/A, exhibit whereof, is, a complaint, made by the victim, under Section 154 Cr. P.C., (a) wherein, the victim echoes, vis--vis, hers' rendering service(s), as a Senior Assistant, in the Establishment Branch, of, the Himachal Pradesh University (b) and, that on 14.8.2014, at about 10:20 a.m., when she was present at the dispensary, of, the Himachal Pradesh University, for hers' making payment, to one Anil Kumar, (c) and after hers' making payment, to, the afore Anil Kumar, and, upon hers' exiting the gate, of, afore dispensary, hence thereat the accused being present, and, his pulling her from her arm, (d) and, also his proceeding to abuse her, (e) whereupon, she narrates, that, her remonstrance(s) thereto, (f) rather infuriating Hari Dutt, (g) and, whereafter his retrieving a knife from his pocket, and, inflicting knife blows, upon her chest, stomach and arms. She continues to narrate therein qua blood copiously oozing, from, the injuries, meted upon her person, and also echoes, vis--vis, her shrieks and cries, inviting, the, presence thereat, of, the persons residing in the vicinity, of, the site of occurrence. In pursuance, of, the afore made statement, in writing, a formal FIR, Ext. PW13/B, became registered, at Police Station (West), Shimla. 3. The site, of, occurrence, is, embodied in site plan, borne in Ext. PW20/A. While stepping into the witness box, as PW-19, she in her examination-in-chief, made echoing(s), hence bearing, the, completest concurrence, with, the afore made previous statement, before the Investigating Officer concerned, statement whereof, is, embodied in Ext. PW1/A. Even, during the course, of, her examination-in-chief, knife Ext. P-6, as became recovered through recovery memo, borne in Ext.
PW20/A. While stepping into the witness box, as PW-19, she in her examination-in-chief, made echoing(s), hence bearing, the, completest concurrence, with, the afore made previous statement, before the Investigating Officer concerned, statement whereof, is, embodied in Ext. PW1/A. Even, during the course, of, her examination-in-chief, knife Ext. P-6, as became recovered through recovery memo, borne in Ext. PW16/C, after becoming retrieved, from, a sealed cloth parcel, became shown to her, (i) and, she identified, it, to be weapon, with the user whereof, the accused, hence stabbed her chest, stomach, and, her arms. She faced the ordeal, of, an exacting cross-examination, by the learned defence counsel, and, during course thereof, though suggestion(s) became meted to her, rather for eroding the efficacy, of, her afore testification, made with completest corroboration, with, her previous statement, recorded in writing, by the Investigating Officer concerned. Nonetheless, she meted completest denial(s), to all the apposite suggestion(s). Consequently, her testification, rendered on oath, before the learned trial Court, when becomes free from any taint, of, any gross improvement(s), and, embellishment(s), vis--vis, her previously recorded statement in writing, statement whereof becomes, borne in Ext. PW1/A, nor when their occur(s) any rife or open contradiction(s), interse her testimony, embodied, in her examination-in-chief, and, the one contained, in her crossexamination, (ii) thereupon, her testification, vis--vis, occurrence, enjoins this Court to mete, the, completest evidentiary worth thereto. Even though, during the course, of, her, being subjected to cross-examination, by the learned defence counsel, she acquiesced, to, a suggestion, vis--vis, knife, Ext. P-6, being easily available in house(es), (iii) yet, therefrom, no leverage, can become drawn, by the learned defence counsel, qua the testification, of, the victim, as embodied, in, her examination-in-chief, (iv) and, whereat, she was shown knife Ext. P-6, after its becoming retrieved, from a sealed cloth parcel, borne in Ext. P-5, and, also hers' thereat, declaring it, to be the weapon, of, offence, hence used at the relevant time, by the accused, rather begetting any stain(s) (v) as rather existence(s), of, intact thereon(s) seal impression(s), precisely upon the sealed cloth parcel, Ext. P-5, wherefrom knife Ext. P-6, became retrieved, rather dispelling any making(s), of, any inferences, vis--vis, the apposite seals, occurring therein, in contemporaneity, vis--vis, production, of, Ext. P-5 in Court, hence becoming tampered.
P-5, wherefrom knife Ext. P-6, became retrieved, rather dispelling any making(s), of, any inferences, vis--vis, the apposite seals, occurring therein, in contemporaneity, vis--vis, production, of, Ext. P-5 in Court, hence becoming tampered. Conspicuously, accentuated momentum, vis--vis, the afore made inference, becomes garnered, from, observations, being made, by the learned trial Judge, hence during the course, of, production, of, the afore weapon, of, offence, and, their making bespeaking(s), vis--vis, all the seal(s), embossed thereon(s), being intact. The apt sequitur thereof(s), are, qua the learned counsel, for the appellant, becoming disabled, to, make any valid argument(s), before this Court, that the weapon, of, offence, as became produced, and, also shown to the victim, during, the course, of, her examination-in-chief, being not related, to recovery(ies) thereof, as became made, through, valid recovery memo, drawn, in Ext. PW15/A. 4. Furthermore, the Doctor, who subjected, the, victim, to medical examination, has also stepped into witness box, as PW-1, and during the course, of, his examination-in-chief, has proven the appositely drawn MLC, as becomes borne in Ext. PW1/D, and has also proven all the hereinafter extracted injuries, to become noticed by him during, the, afore phase. : "1. There was stabbed wound measuring 1.5x 1 cm placed obliquely on left side of chest. About 2 cm below left breast and about 2.5 cm medial to left anterior axillary line. The wound had clean cut margins and was actively bleeding. 2. There was an incised wound measuring about 1.5x0.5 cmx skin deep on posterior aspect of middle third of left forearm. Wound was actively bleeding. 3. There was red abrasion measuring about 3.5 x 0.1 cm on posterior aspect of middle third of left forearm. 4. There was red abrasion measuring about 1x 0.2 cm on posterior aspect of upper third of left forearm. 5. There was red abrasion measuring about 0.5x0.1 cm on right frontalregion of scalp of scalp just near hairline. 6. Red abrasion measuring 2.5 x 3 cm on middle of forearm. 7. There was red abrasion measuring 0.5x0.1 cm on left side of forehead. 8. There was a red abrasion measuring 0.5x0.5 cm on posterior aspect of lower third of left forearm. 9. There was a red abrasion measuring 2.5 x 0.5 cm on medial aspect of upper third of right forearm. 10. There was a red abrasion measuring 0.5x 0.3 cm on lateral aspect of upper third of right forearm. 11.
8. There was a red abrasion measuring 0.5x0.5 cm on posterior aspect of lower third of left forearm. 9. There was a red abrasion measuring 2.5 x 0.5 cm on medial aspect of upper third of right forearm. 10. There was a red abrasion measuring 0.5x 0.3 cm on lateral aspect of upper third of right forearm. 11. There was a red abrasion measuring about 0.3x0.2 cm on medial aspect of lower third of right forearm. During the course, of, his examination-in-chief, though, knife, Ext. P-6, did not, come to be shown to him, yet he has vividly echoed, vis--vis, injuries No. 1 and 2, being causable, through user, of, knife. Even though, during the course, of, his cross-examination, he has acquiesced, to, an affirmative suggestion, holding echoing(s), vis--vis, the injuries, embodied in Ext. PW1/D, being causable by fall, and also, has furtheronwards echoed, qua vis--vis, injuries No. 1 and 2, there being, a, possibility, qua theirs being self-inflicted, upon, evidence surging forth, vis--vis, the injured victim, being mentally sick, (i) however, no capitalization can become drawn, therefrom rather by the accused, and the reasons, for forming the afore inference, becomes garnered from (ii) even though, the testification, of, the victim, when as aforestated, is, credible, and, hence would constrain this Court, to solitarily, on strength thereof, make an order, of, conviction, upon the convict, (iii) yet added strength, to, the afore inference, becomes derived from the eye witness, to, the occurrence, inasmuch as, PW-3, in his deposition, embodied in his examination-in-chief, making an articulation, hence bearing, the absolutest concurrence, with, the testification, made by the victim.
Even though, PW-3, had, during the course, of, his examination-in-chief, hence not identified, the convict, though thereat present in Court, to be the deliverer, of, the stab wound(s) and whereupon, the learned trial Court, on a request made to it, by the learned Public Prosecutor, qua his being declared to be hostile, hence after accepting, the, afore request, also accorded permission to the Public Prosecutor, to cross-examine him, (iv) and when in course thereof, he acquiesced, to, suggestion(s), meted to him, by the learned Public Prosecutor, hence holding acquiescing(s)/echoing(s), inasmuch as, his making, a, statement to the Police, vis--vis, the convict, nabbing the victim, from her waist, and thereafter his retrieving, a, knife from his pocket, whereafter, his making multiple knife stabbings upon her person, hence, leading her to fall on the ground, and whereon(s), with his meteing(s) affirmative echoing(s), thereto (v) thereupon, this Court, firmly concludes that dehors PW-3, in his examination-in-chief, making reneging(s), vis--vis, his previously recorded statement(s), in, writing, inasmuch as his feigning ignorance qua the identity, of, the accused, yet, the effects, of, the afore feigning(s), as, made by PW-3, in his examination-in-chief, vis--vis, the identity, of, the convict, becoming fully effaced, (vi) through, the afore affirmative acquiescing(s) made by him, during, the, course, of his becoming subjected to cross-examination, by, the learned Public Prosecutor, upon his becoming declared hostile. Consequently, with theirs occurring visible, and, cogent interse corroboration, interse the testification, of, the victim, and, of, an ocular witness, inasmuch of PW-3, (vii) thereupon, this Court, is, constrained to hold, with, the completest formidability, vis--vis, the charge against the accused, becoming fully sustained. 5. The recovery, of, weapon of offence, became effectuated through memo, drawn, in Ext. PW16/C, and, their occur disclosure(s) therein, vis--vis, the, accused retrieving weapon, of, offence, borne in Ext. P-6, from, his pocket. The drawing, of, the afore memo, became witnessed, by one Jagdeep Sharma, and by constable Sandeep Narwal. One of the witnesses, to the afore drawn recovery memo(s), inasmuch as PW-16, upon his stepping into witness box, has during the course, of, his examination-in-chief, proven all the echoing(s) borne therein. However, an attempt, was made by the learned defence counsel, to tear the efficacy, of, the afore apposite echoing(s), borne in his examination-in-chief, through, his subjecting him to the ordeal, of, a rigorous examination.
However, an attempt, was made by the learned defence counsel, to tear the efficacy, of, the afore apposite echoing(s), borne in his examination-in-chief, through, his subjecting him to the ordeal, of, a rigorous examination. However, PW-16, who faced the ordeal, of, a rigorous crossexamination, meted denial(s), to all the suggestion(s), vis--vis, recovery memo, borne in Ext. PW15/A, being falsely prepared, through invention(s) and stratagem(s), being deployed, by, the Investigating Officer concerned. Moreover, during the course, of, PW-16, facing the ordeal, of, an exacting crossexamination, neither he, nor the Investigating Officer, became meted any, suggestions hence, by the learned defence counsel, and, appertaining to the aforesaid factum, nor became meted suggestion(s), vis--vis, un-authenticity, of, the signatures, of, the convict, as become made thereon(s). The lack, of, meteing(s), of, the afore suggestion(s), by the learned defense counsel, to PW-16, a witness to recovery memo, or to the Investigating Officer concerned, does, coax this Court, to draw an inference, vis--vis, the accused, making his valid signatures thereon(s), whereas, only upon his casting, a challenge, to, the aforestated signatures, as became made thereon, (i) would hence empower him, to contest the validity, of, drawing(s), of, the afore recovery memo, at the instance, of, the Investigating Officer, and, also would enable him to contend that recovery, of, weapon, of, offence, of Ext. P-5, as made therethrough, being contrived and invented, (ii) merely, at the instance, of, the Investigating Officer concerned, only for falsely implicating the accused. Contrarily, with the defense not challenging the authenticity, of, occurrence, of, the signatures, of, the accused, upon, the recovery memo, (iii) and also with PW-16, besides the Investigating Officer, both proving, the efficacy, of, drawing, of, recovery memo, borne in Ext. PW16/C, where through the weapon of offence, became recovered, and also when its user, by the accused, becomes cogently proved, both by the victim and, by the ocular witness, to the relevant occurrence, (iii) thereupon the prosecution, has fully succeeded, in, establishing the charge against the accused. 6. Accentuated momentum to the afore drawn inference, became(s) also derived, from, the FSL, in its report, borne in Ext. PW 20/C, making an echoing therein, vis--vis, weapon of offence, Ext. P-6, carrying thereon, the, blood stains of the victim. Since the transmission to the FSL concerned, of, the blood samples, of, the victim(s), and also of the weapon, of, offence, was, through road certificate, borne in Ext.
PW 20/C, making an echoing therein, vis--vis, weapon of offence, Ext. P-6, carrying thereon, the, blood stains of the victim. Since the transmission to the FSL concerned, of, the blood samples, of, the victim(s), and also of the weapon, of, offence, was, through road certificate, borne in Ext. PW12/B, and, when no challenge thereto, become thrown, through evidence becoming adduced, by, the witnesses concerned, (i) rather with the afore(s) after its arriving at the FSL, in, an untampered condition, and, in a sealed parcel, (ii) besides whereafter, it in an un-tampered condition, became returned to the Mallkhana concerned, existing at the police station concerned, and wherefrom they/it travelled, in, an untampered condition, to, the Court, rather with all the seal(s), embodied thereon(s), remaining intact, (iii) as evident on a reading, of, the examination-in-chief, of, the prosecution witnesses concerned, (iv) thereupon, this Court, is, constrained to un-flinchingly conclude, vis--vis, (a) with the independent ocular account, vis--vis, occurrence, corroborating the deposition, of, the victim, (b) with best scientific proof, also emerging, vis--vis, the user of the weapon, of, offence, by the convict, in causing stabbing(s), upon the victim, thereupon hence the charge against the accused, becoming invincibly established. 7. For the reasons which have been recorded hereinabove, this Court holds that the learned trial Court, has appraised the entire evidence, on record, in a wholesome and harmonious manner, apart therefrom, the analysis of the material on record by the learned trial Court, does not suffer, from any gross perversity or absurdity of mis-appreciation, and, non appreciation of evidence on record. Consequently, there is no merit in the instant appeal, which, is accordingly dismissed. 8. However, the learned counsel for the appellant/convict, makes a prayer, at this stage, for reducing the sentence of imprisonment imposed, upon, the appellants/convicts. He submits, that, the aforesaid submission, hence being amenable to acceptance, given, the convict, being a young person, and, his not holding any previous history, of, committing crime, and, also for his hence being enabled to reform himself. The aforesaid submission is accepted. The sentence of imprisonment imposed, upon, the appellant/convict, under Section 307, of ,the Indian Penal Code, is reduced, from, five years' rigorous imprisonment to, three year's rigorous imprisonment. Sentence of fine, imposed upon the appellant/convict, under Section 307 of the Indian Penal Code, is, reduced from Rs. 20,000/- to Rs. 10,000/.
The aforesaid submission is accepted. The sentence of imprisonment imposed, upon, the appellant/convict, under Section 307, of ,the Indian Penal Code, is reduced, from, five years' rigorous imprisonment to, three year's rigorous imprisonment. Sentence of fine, imposed upon the appellant/convict, under Section 307 of the Indian Penal Code, is, reduced from Rs. 20,000/- to Rs. 10,000/. In default of payment of fine, he shall further undergo simple imprisonment for two months. The period of detention already undergone by him, is ordered to be set off, from the afore sentence(s), of, imprisonment hence imposed upon him. The verdict, of, conviction, is, sustained, and, the appeal, is, dismissed. 9. However, the sentence(s) of imprisonment and of fine, imposed upon the convict, is to the extent above, hence, modified. Records be sent back forthwith.