RAJESH KUMAR, SON OF SH. DHARAM CHAND, RESIDENT OF MASSAL, TEHSIL AND DISTRICT KANGRA, H.P. Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant was convicted by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala in S.C. No. 17 -K/VII/05/03/S.T. No. 52/2005, decided on 24.04.2006, under Section 307 of the Indian Penal Code for attempted murder on PW -11 Brij Mohan by stabbing on his back with a knife and sentenced to undergo imprisonment for a period of four years and to pay a fine of Rs. 10,000/ -, with the default clause. Hence, the present appeal by the convict. Heard and gone through the record.

(2.) THE prosecution story, in brief, can be stated thus. In the year 2002, PW -11 Brij Mohan was a student of 10+1 studying in Government Senior Secondary School, Nagrota Bagwan. It is alleged that on 8th February, 2002, there was some altercation between the accused and Sandeep, a friend of Brij Mohan. On 12.2.2002, at about 10.45 a.m., while going to school, he was accompanied by PW -7 Madan, PW -12 Chaman and one Surjit, his classmates. On that day, 10+1 students were throwing a party to 10+2 students. When he reached near school gate, the accused came from the opposite side and dealt a knife blow on his back. Brij Mohan sustained bleeding injury on his back. He fell unconscious. He was shifted by his friends to hospital, where he was attended upon by PW -10 Dr. Rajesh Guleri. The said doctor had informed the police telephonically about the medico -legal case.

(3.) TO prove its case, the prosecution examined its witnesses. The accused was also examined under Section 313 of the Code of Criminal Procedure. He denied the circumstances put to him and took up the stand that the injured, one Akash Saini and Sandip used to extort money as 'Hafta -Basooli' from him, though regarding it, he had made report to the police, but no action was taken against them.