STATE OF H P Vs. HARISH KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 16.8.1998, accused were put to trial. In terms of judgment dated 21.6.2001 passed by learned Sessions Judge, Kullu, in Sessions Case No. 46 of 1999 titled as State of H.P. vs. Harish Kumar and another, accused stand acquitted of the charged offence.

(2.) IT is the case of the prosecution that injured Bhikham Ram (PW-8) was working as a labourer at Subzi Mandi, Bhuntar. Accused Harish Kumar and Virender Kumar had given beatings to Sh. Gian Chand. After sometime, Bhikham Ram (PW-8) inquired from the accused the cause of such beatings. The accused took Bhikham Ram in the bus and after some distance they alighted from it and the accused inflicted blows with kicks and gave one blow with a knife in the stomach of Bhikham Ram. Thereafter they ran away from the spot. Bhikham Ram walked upto Truck No.HIE-1255 parked near the office of the Truck Union. In the truck, Hukam Chand (PW-3) conductor was sitting. Noticing the injuries sustained by Bhikham Ram, Hukam Chand straightaway took him to the District Hospital, Kullu, where Dr. J.R. Thakur (PW-1), after examination gave medical treatment. The matter was reported to the police by Hukam Chand and police reached the hospital. After ascertaining the consent of the Doctor, police recorded the statement (Ex.PW-7/A) of Bhikham Ram. On the basis of such statement, F.I.R. No. 327/98 (Ext.PW-7/B) dated 16.8.1998 under Sections 341, 323, 34 IPC was registered with Police Station, Kullu. Police carried out the investigation. Knife (Ex.P-1) concealed by the accused was recovered pursuant to the disclosure statement (Ex.PW-13/A) of accused Harish Kumar made in the presence of C. Bhag Singh (PW-13). Blood stained clothes of the injured were recovered by the police. The police took on record the medical reports (Ex.PW-1/A and Ex.PW-1/E) issued by the Doctor in the hospital. With the completion of the investigation challan was presented in the Court for trial.

(3.) APPRECIATING the material placed on record by the prosecution, the court below acquitted the accused of the charged offence. Hence, the present appeal.