JAGDISH KUMAR @ LADDU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal has been filed by the accused-appellant Jagdish Kumar @ Laddu against the impugned judgment dated 10.01.2013 passed by the learned Sessions Judge, Kapurthala vide which he was convicted and sentenced as under:-

(2.) Briefly stated, the prosecution story is that on the intervening night of 22.07.1997 and 23.07.1997, injured Manoj Kumar while sleeping on the roof of his house, was inflicted blows with sharp edged weapon on the rear side of his neck and right cheek by an assaulter. On infliction of the said injuries when he was awakened, he saw accused-appellant Jagdish Kumar @ Laddu standing besides him with a kohari. The appellant then inflicted one more blow of kohari which hit on the back side of the neck of Manoj Kumar. On hue and cry being raised by Manoj Kumar, his mother, who was nearby, was awakened. In the meanwhile, the appellant after throwing the kohari, fled from the spot. Injured Manoj was removed to the local hospital by his relatives soon thereafter and later on he was referred to DMC Hospital, Ludhiana. The motive behind this occurrence was that about 6 months' prior to this occurrence, there had been an altercation between the uncle of injured Manoj Kumar and the appellant. The appellant had since then been nursing a grudge against the complainant party. Since the injured Manoj was declared unfit to make a statement by the attending doctor, his statement could be recorded on 27.07.1997, wherein he gave the aforesaid detailed account.

(3.) The prosecution in support of its case relied primarily on the evidence of PW-1 Dr. Sanjeev Uppal, PW-2 Manoj Kumar (complainant) PW-3 Dr. Prabhdeep Singh Nain, PW-4 Dr. Kailash Kapur, PW-5 Roshan Lal and PW-6 SI Ranjit Singh.