LAWS(HPH)-2010-4-117

HARJEET SINGH Vs. STATE OF H.P.

Decided On April 27, 2010
HARJEET SINGH Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THE appellant was convicted under Section 307 of the Indian Penal Code, for attempt to commit murder of PW2 Subhash Chand and also causing simple hurt to him and further under Section 324 of the Indian Penal Code for causing sharp edged injuries to PW1 Sanjay Kumar, therefore, he was sentenced to undergo imprisonment as under:

(2.) PRECISELY , the case of the prosecution is that, PW2 Subhash Chand was the owner of Truck bearing registration No.HP -64 -0509, wherein he had employed PW1 Sanjay Kumar as a driver and Baldev Singh as cleaner.

(3.) AROUND 12.30 a.m., PW1 Sanjay Kumar arrived there alongwith his truck. He stopped the truck near the dhaba, went inside and saw Subhash Chand sitting and PW6 Partap Singh. He noticed some injuries on the face of Subhash Chand and started making enquiries. Subhash Chand disclosed that he was beaten up by the appellant. Thereafter, PW1 Subhash Chand and his cleaner Baldev made PW2 Subhash Chand to board the truck and started moving back towards Rest House Chandol. PW6 Partap Singh followed them on the Motorbike of PW2 Subhash Chand. Appellant also arrived there and went to the house of PW3 Devender Singh, nearby and requested to effect the compromise. Devender Singh accompanied them to the Rest House, Chandol. PW2 Subhash Chand had already arrived there. PW3 Devender Singh intended to take them inside the room for compromise, but PW2 Subhash Chand demanded back his mobile phone from the appellant, but in turn, he got enraged and attacked him with his knife Ex.P5 and caused as much as five injuries to PW2 Subhash Chand on his chest and back. PW1 Sanjay Kumar tried to intervene, the appellant also inflicted injuries to him with his knife. PW4 Tara Singh, Madan and PW6 Partap Singh were standing aghast, the appellant disappeared from the seen of occurrence.