STATE OF H.P. Vs. MULAKH RAJ

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure in reference to judgment dated 2.2.2002, passed by Learned Additional Sessions Judge -II, Kangra at Dharamshala, H.P., in Sessions Case No. 11 -N/2000, , in reference to case FIR No. 231 of 1999, acquitting the alleged accused/Respondent for the offence under Section 307 of the Indian Penal Code.

(2.) THE prosecution case is that the accused -Respondent was tried for having committed an offence punishable under Section 307 of the Indian Penal Code, for having allegedly assaulting from behind the victim/injured, namely, Kartar Singh, by Darat. FIR (Ex.PW.2/A) was lodged at the instance of victim/injured, Kartar Singh, who in his statement (Ex.PW.2/B), under Section 154 Code of Criminal Procedure ., stated that he is resident of Tundi Thana Chowari, Tehsil Bhatiath, District Chamba and for the past last 11 -12 years, he had been running a Bakery products shop at bazar along with his younger brother Karnail Singh. Usually, he was going to his shop at 8.00 A.M., however, on the fateful day i.e. on 17.10.1999, at about 9.45 A.M., taking his bakery products when he reached Simbli, and started taking water from a pitcher, suddenly he was attacked on his neck with a Darat by the accused from behind, whose name was revealed to him by someone, however, victim was saved by Padu Ram and Bakshish and was taken to Nurpur hospital.

(3.) PW .1 Dr. R.K. Chaudhary, Medical Officer examined victim/injured, Kartar Singh, and noted the following injuries on his person: