KRANTIVEER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 11.02.2003 passed by learned Sessions Judge, Dehradun in Sessions Trial No. 30 of 2001, whereby appellant/accused was charged with and tried for the offences punishable under Sec. 307/506 I.P.C. The appellant has been convicted under Sec. 307 and sentenced to undergo rigorous imprisonment for four years and to pay fine of Rs. 1,000.00 and in default of payment of fine to undergo further rigorous imprisonment for three months. He was acquitted for the offence punishable under Sec. 506 I.P.C. Accused Dimpal and Dharmendra @ Dharamvir were acquitted.

(2.) In nutshell, the case of the prosecution is that on 24.09.1999 at about 11:30 A.M. the complainant Rajiv Sharma(PW1) was standing near Shahid Smriti Sthal in the campus of D.A.V. College along with his friends Anil Kant Purohit, Manish Mehrotra, Bhupendra and others. Accused Krantiveer, Dimpal Kumar and Dharmendra @ Dharamvir having armed with lathi, saria, Khukri and country made pistol in their hands appeared at the spot. All of a sudden they started hurling abuses at Anil Kant Purohit and assaulted him on his head with intention to kill him. Anil Kant Purohit(PW2) raised an alarm, the accused persons ran away from the spot. Then, Anil Kant Purohit was taken to hospital.

(3.) Doctor was of the opinion that all the injuries were caused by hard and blunt object and duration of the injuries was opined to be fresh. The injured remained in the hospital for four days. FIR was registered. Matter was investigated and the challan was put up after completing all the formalities. The prosecution has examined number of witnesses. Appellant was also examined under Sec. 313 Crimial P.C. He has denied the case of prosecution. The accused was convicted and sentenced by the Sessions Court, as noticed herein above. Mr. Raj Kumar Singh, learned counsel for the appellant has vehemently argued that the prosecution has failed to prove the case against the accused. Mr. Nandan Arya, Dy. Advocate General for the State has quoted the judgment dated 11.02.2003. I have heard the learned counsel appearing for the parties and have gone through the judgment dated 11.02.2003 and record carefully. PW2 Anil Kant Purohit testified that the accused Krantiveer came on the spot with his associates and assaulted him. Injuries were caused on his head. He became unconscious. He remained in Hospital for four days. He was hit on his head by Iron rode. The statement of PW-2 is corroborated by PW-1 Rajiv Sharma. He testified that Krantiveer who was carrying a danda in his hand had assaulted Anil Kant Purohit(PW2). Anil Kant Purohit(PW2) sustained injuries on his head. He fell down and became unconscious. Statements of PW1 Rajiv Sharma and PW2 Anil Kant Purohit are duly corroborated by the medical evidence. Injured was examined by PW-5 Dr. G.P. Singh, who found the following injuries on the person of PW-2 Anil Kant Purohit:-