LAWS(HPH)-2011-7-171

STATE OF HIMACHAL PRADESH Vs. SANJAY KUMAR

Decided On July 21, 2011
STATE OF HIMACHAL PRADESH Appellant
V/S
SANJAY KUMAR Respondents

JUDGEMENT

(1.) THE State has challenged the acquittal of the Respondent, for the offences punishable under Sections 452, 323, 324 and 506 of the Indian Penal Code, passed in Criminal Case No. 166 -II of 2001/ 1998, decided on 30th January, 2004.

(2.) IN short the prosecution case can be stated thus. On Ist August, 1997, at about 8.30 A.M., PW1 Ashok Kumar complainant, while checking the electric supply at the residence of PW2 Vijay Kumar, he was attacked with a knife by the Respondent and sustained as many as six injuries. The injury No. 3 was with a sharp edge and others by blunt weapon. The injuries were x -rayed. The final opinion was given by PW5 Dr. Puran Chand that all the injuries were simple in nature and injury No. 3 has been caused with sharp edged weapon. He issued Medico Legal Certificate Ext.PW5/A.

(3.) DURING the course of the investigation, Police recorded the statement of PW2 Vijay Kumar and PW4 Veena Devi God -sister of the complainant, residing in the same vicinity. Ultimately, on completing investigation, the challan was presented in the Court for the trial of the Respondent.