STATE OF H.P. Vs. ASHWANI KUMAR

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment of acquittal passed by the learned Sessions Judge, Kangra at Dharamshala. The accused-respondent was charged for offences under Section 307 of the Indian Penal Code (hereinafter referred to as the IPC).

(2.) The prosecution case, in brief, is that on 26.10.1999 statement Ext.PA of Prahlad Singh injured was recorded in the Civil Hospital, Nurpur. He states that on that day at around 4.45 PM when he was standing at bus stand, Jaunta after closing his shop, the accused called him aside and when he approached him, he gave him a blow on his head with some sharp edged weapon, quarreled with him and gave another blow with weapon in his stomach. At that time, Tilak Singh, PW2 and Subhash Chand PW3 also reached the scene of occurrence and when they tried to save the injured, accused pushed the injured and threw him in the Nallah. He was taken to the Civil Hospital, where he was medically treated for the injuries inflicted upon him by a Khukhari. The prosecution has examined seven witnesses in all in support of its case and the learned trial Court after consideration of the evidence on record, has acquitted the accused.

(3.) We advert to the evidence on record. PW1 Prahlad Singh has reiterated the prosecution case and proved his statement Ext.PA on record. He also states that he has some old enmity with the accused and that after he received the injuries, he was taken to the hospital by PW3 Subhash Chand and PW2 Tilak, who had reached the scene when he raised a hue and cry. PW2 Tilak Singh has turned hostile. He states in his evidence that he had heard some commotion at around 4.30/4.45 PM on the day of occurrence when he was present at Jaunta chowk. When he went there he saw that Prahlad complainant and accused Ashwani Kumar were in the Nallah below the road, Prahlad had sustained injuries and blood was oozing out. There was blood present on his head and his clothes were also blood stained. He says that in his presence, no fight took place. He was declared hostile by the prosecution. He denied that the accused had assaulted the complainant with a Khukhari.