STATE OF UTTARANCHAL Vs. JHANDU

JUDGEMENT

(1.) This appeal, preferred under section 378 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 06.01.2001, passed by learned Sessions Judge, Dehradun, in Sessions Trial No. 55 of 1996, whereby said court has acquitted the accused/respondent Jhandu from the charge of offence punishable under section 307 IPC.

(2.) Heard learned counsel for the State/appellant, and learned Amicus Curiae for the accused/ respondent, and perused the lower court record.

(3.) Prosecution story, in brief, is that on 04.03.1995, P.W.1 Ravindra was sitting in his father's shop, in village Numberpur, when at about 6:30 p.m., accused Jhandu came and purchased some items from the shop. He (Jhandu) started leaving the shop without making payment for the articles purchased. On this, P.W.1 Ravindra demanded the money whereafter accused started quarreling with P.W.1 Ravindra. P.W.1 Ravindra thereafter came out, and stopped Jhandu leaving without payment. On this accused Jhandu took out knife, and inflicted a blow on person of Ravindra. The incident was witnessed by several persons including P.W.2 Padam Singh and P.W.3 Ranjeet Singh who rushed, and apprehended the accused then and there with blood stained knife. First information report (Ex.A3) of the incident was lodged by P.W.4 Nagendra Singh (father of the injured) on the very day (04.03.1995) at about 8:45 p.m. On the basis of said report crime no. 35 of 1995 was registered against accused Jhandu relating to offences punishable under section 307 and 504 IPC at Police Station Sahaspur, District Dehradun. Injured Ravindra was taken to Herbertpur Christian Hospital. The injury report was prepared by Dr. John Kapthuama of said hospital disclosing that Ravindra had suffered 2cm long incised wound on the top of the right scapula. The medical officer has also opined that injury was dangerous to life. Investigation of the crime was entrusted to P.W.6 S.I. Munshi Singh Tomar who interrogated the witnesses, inspected the spot, took the blood stained clothes in his possession and submitted charge sheet (Ex. A11) against accused Jhandu for his trial in respect of offences punishable under section 307 and 504 IPC.