VISHAL ALIAS CHINKI Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 9 th August, 2010 whereby the appellant was convicted by the trial Court under Section 307 IPC read with Section 34 and order on sentence whereby he was sentenced to undergo RI for 03 years and fine of Rs.8,000/-.

(2.) The case against the appellant is that on 17 th June, 2006 at about 8.30 pm he along with his other associates stopped Ravi and his friend Vicky near the railway line and assaulted both of them with knife. The appellant was known to the injured from before. Knife blows were given on chest of Ravi and on the chest and belly of Vicky. After giving knife blows the appellant ran away with his friends. The cause of giving knife blows is stated to be a previous quarrel that had taken place between the appellant and cousin brother of injured, on occasion of Diwali.

(3.) Both the injured deposed before the trial Court in respect of the incident on the same lines as was the complaint made to the police and supported the prosecution case about appellant having caused knife blows to Ravi on his chest and to Vicky on his chest and stomach. However, the injured stated that they did not know why they were assaulted and what was the intention of the appellant. The issue of identity of the appellant did not arise because the appellant was known to the injured persons and they had categorically deposed that it was the appellant who had stopped them near the railway line and then grappled with them and injured them with knife. It was 'he' (appellant) alone who gave knife blows. The cross examination conducted by the Counsel for the appellant was not fruitful to the appellant and rather went against the appellant. PW-1 Kuldip cousin brother of Ravi also testified that when he met the injured in the hospital, the injured told him that they were attacked by the appellant. Thus, the fact of attacking injured persons by the appellant with knife stood proved beyond reasonable doubt. MLCs of the two injured were proved by PW-8 and PW-9 as Exh.PW8/A & PW8/B. PW-9 stated that injuries, on the person of patient Vicky ie. PW-3, were grievous in nature and this opinion was Exh. PW-9/A. The injuries on person of PW-2 were found to be simple and sharp. PW-3 testified that he received knife injuries on chest and stomach and he had to be operated upon in the hospital as knife penetrated and reached his kidney. There is no rebuttal to this testimony.