STATE Vs. PARAS AND ANR.

JUDGEMENT

(1.) THIS appeal, preferred by the State under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 22.2.1997 passed by the Special Judge, Nainital in Sessions Trial No. 208 of 1992, State v. Paras and Anr., whereby the accused respondents Paras and Prem Singh have been acquitted for the charge of offence punishable under Section 307 of Indian Penal Code, 1860 (for short, IPC).

(2.) IN brief, the prosecution case is that PW 1 Hansraj Singh lodged an FIR with PS Kichha on 2.7.1992 at 1.30 pm with the averments that on 2.7.1992 at about 5.30 am his son Nikhil Kumar (PW2) and Munna Singh (PW6) were collecting mangoes fallen from the mango trees in the back of his house. Meanwhile, respondents Paras and Prem Singh came there armed with knives and chased his sons by threatening that they would kill them. His sons ran towards the house. Hearing the noise of his sons, the complainant and the neighbourers Babulal Gupta and Dinesh (PW4) and many other people came at the place of occurrence, but in the meantime, Paras injured Nikhil Kumar and Prem Singh injured Munna Singh with the knives and thereafter respondents accused ran away from the place of occurrence. The incident was seen by the complainant and his neighbourers Babulal Gupta and Dinesh and many other people. Thereafter the injured were taken to the Kiccha Hospital. On the basis of this FIR Ex. Ka -1, Head Moharrir Prem Pal Singh prepared the chick FIR Ex. Ka -8. He also made the necessary entries in the GD, copy of GD is Ex. Ka -9. The investigation of this case was entrusted to PW 3 SI RP Purohit. The injured Nikhil Kumar (PW2) and Munna Singh (PW6) were medically examined on the same day i.e. on 2.7.1992 at 6.15 am and 6.30 am respectively by PW 5 Dr. R. Singh, who prepared the injury report Ex. Ka -5 in respect of Nikhil Kumar and injury report Ex. Ka -7 in respect of Munna Singh. Nikhil Kumar was also x -rayed, on the basis of which a supplementary report Ex. Ka -6 was also prepared by the same medical officer Dr. R. Singh. From the hospital, the memo was also sent to the police station which was received there at 12.15 pm and entry thereof was also made in the GD at 12.20 pm. During the course of investigation, the I.O. inspected the place of occurrence and prepared the site plan Ex. Ka -2. The I.O. also taken in the possession the bloodstained sheet (white coloured) and prepared a fard Ex. Ka -3. During the course of investigation, the I.O. recorded the statements of the witnesses and after completing the investigation, he filed the chargesheet Ex. Ka -4 under Section 307/324 IPC.

(3.) ON 28.4.1993, learned Ist Addl. Sessions Judge, Nainital framed the charge against the accused respondents for the offence punishable under Section 307 IPC. The charge was read over and explained to the accused respondents, who pleaded not guilty and claimed to be tried. Subsequently, the case was transferred to Special Judge, Nainital for its disposal according to law.