RAJESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant hereinafter to be referred as "the accused" was convicted by the learned trial Court in Sessions trial No.13 of 2006 on 30.5.2009, under Section 307 of the Indian Penal Code and sentenced to under rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000/ -. In default of payment of fine, the accused has been ordered to undergo simple imprisonment for a period of six months.

(2.) THE accused is a co -villager of the injured PW6 Ranjit Singh. The prosecution story unfolded by PW6 aforesaid can be stated thus. On 23rd November, 2005, Ranjit Singh aforesaid was a Tractor driver with Surinder @ Bablu at village Kafnu. He alongwith Neema Lama, Moti Ram and Maghav worked on that day together till 5 p.m., thereafter, they assembled in the house of Sant Ram and consumed one bottle of liquor. Around 7 p.m., Maghav and Ranjit dispersed to go to their respective houses. When Ranjit Singh reached near a Nallah, someone hit him from his back. When he saw backward, he noticed the accused with a dagger Ext.P5 in his hand. Accused dealt another blow on his head with it but he tried to overt it by raising his hands despite that the dagger landed on his head and also cut wrist of the right hand. Thereafter, he put his both hands on his heads and one blow also caused chopping off his middle finger of the right hand. He also received injuries on the left side of his face below the eyes. The injured fell down on the ground and raised hue & cry. He testified the above version when he appeared as a witness in the Court. He further testified that on hearing his cries, some persons, who were ahead of him, came to save him including Maghav. On seeing them, accused fled away from the spot. He also stated that Maghav ran after the accused, but he did not know whether the accused was caught by him or not. Later, PW2 Moti Ram also came to the spot whom he revealed about the incident. Moti Ram and others lifted him and took him to Police Post Kafnu and then to Police Station Bhawa - Nagar.

(3.) WHEN called upon to enter into his defence, he examined DW -1 Neema Lama, who was cited as a prosecution witness, but not examined. He also stated that all of them consumed liquor in the house of Sant Ram from where they left to their respective residences. He further stated that he was the last to leave the room where they consumed liquor. Thereafter Moti Ram informed him that Ranjit Singh was found unconscious on a village path. Then he alongwith Moti Ram had picked him up and took to the Police Post Kafnu. Even this statement hardly helped the accused; rather it goes consistent to the prosecution story to a larger extent.