SUNIL KUMAR Vs. STATE

JUDGEMENT

(1.) Both these appeals arise out of judgment dated 18.09.2015 of the court of sessions in Sessions Case No. 88/2014 which, in turn, was registered on the basis of report under section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C) submitted on conclusion of investigation into first information report (FIR) No. 321/2013 of police station Mundka, followed by order on sentence dated 30.09.2015, whereby the appellants were held guilty and convicted for offence punishable under Section 307 read with Section 34 of Indian Penal Code, 1860 (IPC) and Sections 506/34 IPC and awarded different terms of imprisonment as punishment. It may be added here that appellant Sunil Kumar (Crl.A. 1230/2015) is son of appellant Gurdass @ Birju (Crl.A. 1273/2015).

(2.) The gravamen of the charge on which the appellants were tried by the court of sessions primarily was that on 15.12.2013 at about 6.35 p.m. at under-construction highway road numbers 5 and 6, near main Rohtak Road, within the jurisdiction of police station Mundka (police station), they in furtherance of their common intention had voluntarily caused injuries on the person of Kunj Bihari (PW-1) with a sharp-edged weapon (darati) with such intention and knowledge, under such circumstances, that if by that act the death of said PW-1 had been brought about they would be guilty of murder, it consequently being an offence of attempt to murder punishable under Section 307 IPC and at the same time having extended threats to cause injuries to Kripal Yadav (PW-2) thereby having committed the offence of criminal intimidation punishable under section 506 IPC.

(3.) The prosecution led evidence before the trial court by examining, in all thirteen witnesses, they including Kunj Bihari (PW-1); Kripal Yadav (PW-2); W/HC Sudesh (PW-3); Ct. Surender Pratap (PW-4); ASI Shanti Swaroop (PW-5); Dhruv (PW-6); L/Ct. H. Shivamma (PW-7); HC Om Prakash (PW-8); HC Rakesh Kakkar (PW-9); Dr. Sandeep Kumar Mittal (PW-10); HC Joginder Singh (PW-11); Dr. R.S. Narwal (PW-12) and ASI Phool Kumar (PW-13).