STATE OF HIMACHAL PRADESH Vs. SANJEEV KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 23.9.2004, accused were put to trial. In terms of judgment dated 29.11.2006, passed by the Addl. Sessions Judge, Fast Track Court, Una, District Una, H.P., in Sessions Case No. 6/05 RBT 64/05/05, Sessions trial No. 2/2006, titled as State of Himachal Pradesh versus Sanjeev Kumar and others, accused stand acquitted of the charged offences.

(2.) IT is the case of prosecution that accused Kailash Chand was having a dispute with regard to the drainage of water which flowed in the direction of his house, from the house of Sh. Dharam Singh (PW -1) (Also referred to as the injured at certain places). On 23.9.2004 at about 9.30 p.m., Sanjeev Kumar (accused No. 1), Kailash Chand (accused No. 2) and Kaushalya Devi (accused No. 3) came to the house of the injured armed with dandas and phawra - (agricultural implement). Without any provocation, accused Kaushalya Devi and Kailash Chand gave blows with dandas to Sh. Dharam Singh and accused Sanjeev Kumar gave blow with a phawra - on the head of the injured as a result of which he started bleeding profusely. Smt. Jamna Devi (PW -2), wife of the injured witnessed the incident. She went to the house of Sh. Madan Lal (PW -8), elder brother of the injured and narrated the incident to him. However, he asked her to go back and come the following morning. On 24.9.2004, PW -2 again went to the house of PW -8 and called him from there. Thereafter injured was taken to the Regional Hospital at Una where he was medically examined by Dr. Yogeshwar Ram Ravi (PW -6). He was referred to the Radiologist and X -ray was conducted by Radiographer Sh. Sanjiv Kumar (PW -7) and opinion thereupon was given by Radiologist Dr. Manoj Kapoor (PW -5). M.L.C. (Ext. PW 6/C) was prepared. Considering the nature of injuries, injured was taken for further treatment to the Post Graduate Institute at Chandigarh where surgery of his head was done and based on the report of the surgeon at P.G.I., final opinion was given by Dr. Yogeshwar Ram Ravi (PW -6), which revealed that injuries were grievous and dangerous to life.

(3.) ACCUSED were charged for having committed offences punishable under Sections 307, 326, 451 and 506 all read with Section 34 of the Indian Penal Code to which they did not plead guilty and claimed trial.