YODH RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER Yodh Raj challenges his conviction by the learned Judicial Magistrate, Anni, District Kullu, for offences under Sections 341, 323 and 324 read with Section 34 IPC which has been affirmed by the learned appellate Court.

(2.) THE case set out by the prosecution is that on 6.3.2002 at around 9.45 P.M. at Dalash, Yodh Raj parked his vehicle HP -35 -0222 in front of the shop of the complainant. PW -2 Roshan Lal, brother of the complainant, protested and told him to remove the car from there, but, his request was ignored. Later on Yodh Raj alongwith two other accused Dev Raj and Suresh returned to the spot after five minutes. The complainant was caught hold by Dev Raj and Suresh, while Petitioner Yodh Raj gave him blow with an axe Ex.P -2. The complainant Inder Jeet PW -1 instinctively raised his hands in order to save himself and thereby sustained injuries on his right thumb. This incident was witnessed by Labh Singh, PW -4. The matter was reported to the police and First Information Report Ex.PW -1/A was registered. Blood stained shirt Ex.P -1 was taken into possession by the police. An axe Ex.P -2, which is the instrument of offence, was seized. Complainant Inder Jeet PW -1 was sent for medical examination. His MLC Ex.PW -3/A was prepared by PW -3 Dr. Gian Chand Thakur who was posted as Medical Officer.

(3.) THE accused persons appeared as their own witnesses after permission was granted to them under Section 315 of the Code of Criminal Procedure. Yodh Raj DW -1 states that he had parked his vehicle on the left side of the road and thereafter went to the school, when he returned he found that the tyre of the vehicle has -been deflated. The complainant and his brother Roshan Lal PW -2, were standing outside the shop and when he asked them as to why they have deflated the tyre, both of them started beating him and he was rescued by Dalip, Balak Ram and Rajender. According to him, the injury was caused when the complainant fell on a heap of bricks which was lying near the school gate. DW -2, Suresh Kumar, states that he was present in the school Saraswati Vidya Mandir and that there was no occasion to either beat up the complainant or his brother. He admits that the other accused are his relations. DW -3 Udai Singh appeared in the witness box and states that he was Principal of Sarswati Vidya Mandi School, Dalash, and that accused Suresh was present in the school from 9.45 A.M. to 4.00 P.M. In his cross -examination he admits that there is no lock on the gate of the school premises and teachers can usually go to the neighbouring market even without obtaining his permission. He also admitted and this fact is important, that there is wholesale cuttings and over -writings in the attendance register mark 'B'. This is the entirety of the evidence before the learned trial Court.