STATE OF HP Vs. SHIV SINGH

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378 (3) of the Code of Criminal Procedure, in reference to judgment dated 20.5.2000 passed by learned Addl. Sessions Judge, Shimla, Circuit Court at Rohru in Session Trial No. 17-S of 1996, thereby acquitting the respondents/accused for the offence under Section 307/34 of IPC.

(2.) The prosecution case is that PW-3 Suresh Kumar made statement Ex PW-3/A under section 154 Cr.PC that during the night intervening 16/17.4.1995 around 3 AM, he along with one Romesh PW-7 went to village Chunjer to perform pujja in the temple of `Mata Kali' around 10 AM. While returning from the temple, they noticed the cricket match going on in the ground at village Chunjer. They were also interested to play the match and as such stayed there for some time. The match, however, could not be played due to rain. At about 5 PM, PW-3 started along with said Romesh Kumar PW-7, Narain Singh PW-4 and one Rajinder to their native placed and when reached at Nauridhar, the son of Gulab Singh, namely Romi met them on the way. Said Romi called them by gesture to come their house. They did not went there. Said Romi thus opened the dogs on them. The dogs started chasing them and the accused persons came behind them. Accused Shiv Singh was having Draft Ex P-4 with him, whereas accused Jatinder the sword Ex P-2. Accused Jatinder assaulted PW-4 Narain Singh with the sword and inflicted the blow on his head and the injured started bleeding. Accused Shiv Singh dropped the Drat, which was in his hand and taken the sword from his co-accused Jatinder. He, therefore, inflicted blows with sword on both the arms of PW-4. The said witness fell to the ground. Thereafter the accused Shiv Singh gave beatings to him. The said accused gave the fist blows on his face and blood started coming out from his mouth. Sh. Gulab Singh was also accompanying the accused persons at that time. After assaulting PW-3 and PW-4, accused persons fled away from that place. The matter was reported and investigated. Accused persons were charged for the aforesaid offences and the case was committed to Session Court.

(3.) In order to prove its case, prosecution has examined as many as 11 witnesses, whereas through their statements under section 313 Cr.P.C, accused denied the same. Defence examined four witnesses.