STATE OF HIMACHAL PRADESH Vs. MANOJ KUMAR @ MUKHIA

JUDGEMENT

(1.) The State is in appeal against the judgment dated 24.1.2007 of the learned Additional Sessions Judge, Mandi, H.P., in Sessions Trial No. 29 of 2002, whereby, the respondents, who shall hereinafter be referred to as the accused and denoted as A-1 and A-2, respectively, were tried for the offences under Sections 307, 323 and 324/34 of the Indian Penal Code (in short IPC ) and were ultimately acquitted.

(2.) In brief, the case of the prosecution, as emerges out of statement Ex.PW-1/A of complainant Sukh Pal Singh, recorded by the police under Section 154 of the Code of Criminal Procedure, 1973 (in short Cr.P.C. ) on 31.3.1999 at 8.30 p.m. at Zonal Hospital, Mandi, is that on 31.3.1999 at about 7 p.m., complainant Sukh Pal Singh (PW-1) along with Keshav Ram (PW- 10) and Jaswant Singh (PW-12) was present at his Cycle, Tyre and Scooter Repair Shop, situate at Jail Road, Mandi. In the meantime, at about 7.15 p.m., owner of three wheeler, bearing registration No. HP 05-0933, by name Manoj Kumar @ Mukhia, who shall hereinafter be referred to by his proper name, accompanied by three other persons, whose names the complainant did not know but could identify them, came to the shop of the complainant. It is alleged that Manoj Kumar dragged the complainant out of his shop. Thereafter, all of them started giving beatings to him with fist and kick blows. A-1 Manoj Kumar gave 3-4 blows to the complainant with a knife, causing injuries to him on the back, waist, chest and nose, which started bleeding profusely and as a result, the complainant was drenched in blood. He was rescued by his wife, PW-8 Smt. Gurbax Kaur from the aforesaid assailants, who ran away from the spot scene. According to the complainant, A-1 Manoj Kumar and his associates had attacked him, owing to the dispute concerning shop and rent thereof.

(3.) The complainant was taken to Zonal Hospital, Mandi for treatment. The medical officer attending gave information to the police at Police Post City, Mandi that the complainant was admitted in the hospital with stab injuries. HC Sanjay Kumar (PW-13), who was already present in the hospital in connection with another case, was deputed by MHC, Police Post City to look into the matter. Accordingly, HC Sanjay Kumar recorded statement of the complainant, Ex.PW-1/A under Section 154 Cr.P.C. and after putting his endorsement, sent the same to Police Station, Sadar, Mandi, based on which FIR Ex.PW-6/A was registered under Section 324/34 IPC. The case was investigated by PW-13 HC Sanjay Kumar. The complainant was medically examined by PW-2 Dr. Anuradha Sharma, who found the following five injuries on his person, as detailed in Certificate Ex.PW-2/C, out of which, whereas injury No. 1 was opined to be grievous and dangerous to life, other injuries were found to be simple:-