STATE OF HIMACHAL PRADESH Vs. SHER SINGH

JUDGEMENT

(1.) IT is the case of the prosecution that on 12.6.1998, Sher Singh (accused No. 1), Sanjiv Kumar (accused No. 2), Baldev Singh (accused No. 3), Bali Ram (accused No. 4), Surender Kumar (accused No. 5) and Karam Singh (accused No. 6) came to the shop of complainant Inderjit Singh (PW -1) at Nalian, abutting National Highway No. 21. All the accused persons, except accused Karam Singh, starting taking liquor outside the shop, which was objected to by him. Thereafter, accused sat outside the adjoining shop where Dhaba was being run and food was being served. There also PW -1 objected to the accused taking liquor. While PW -1 was also taking food at the Dhaba, accused Sher Singh came and stabbed him 10 -12 times with a knife. Accused persons immediately ran away from the spot. PW -1 cried for help and Rajinder Kumar (PW -2) arrived at the spot. PW -1 was taken to Primary Health Centre at Swarghat in a truck by (PW -2), Karam Chand, Rajiv and two other teachers. At Swarghat statement of PW -1, under Section 154 of Cr.P.C. (Ex. PW -1/A) was recorded, on the basis of which FIR No. 94 of 1998, (Ex. PW -11/A) was registered on 13.6.1998 under Sections 147, 307 read with Section 149 of the Indian Penal Code at Police Station, Sadar, Bilaspur, H.P. Complainant (PW -1) was taken to the hospital and examined by Dr. Vinod Bhardwaj (PW -6), Medical Officer, who issued MLC (Ex. PW -6/A) and gave his opinion (Ex. PW -6/B), which revealed that complainant suffered injuries on his vital parts, which could have been fatal.

(2.) INVESTIGATION was conducted by ASI Tej Raj, SHO Surinder Singh (PW -11) and other police officials. Accused Sher Singh is stated to have made a disclosure statement in the presence of Amar Singh (PW -4) and knife (Ex. P -3) was also got recovered by him in presence of an independent witness Smt. Amarjit Kaur (PW -10). Police recorded statements of material witnesses including that of Sh. Pritam Singh (PW -5), father of PW -1, Sh. Rajinder Kumar (PW -2) and Sh. Rajiv Kumar (PW -3), who were allegedly present on the spot. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to prove its case, prosecution examined as many as eleven witnesses and statements of the accused under Section 313 Cr.P.C. were also recorded, in which they took up defence of innocence.