AMAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Assailing the judgment dated 22.7.2006, passed by learned Additional Sessions Judge, Solan District Solan in Session Trial No. 4-NL/7 of 2003, titled as State of Himachal Pradesh versus Amar Singh and others, the appellants have filed the present appeal under the provisions of Section 374(2) of the Code of Criminal Procedure, 1973. It is the case of the prosecution that on 19.7.2002, Santokh Singh (PW-2) alongwith his bother Gurmeet Singh (PW-1) was travelling on a scooter. At about 9:30/9:45 pm when they reached near Leather Factory at Nalagarh, the accused persons, namely Amar Singh, Darshan Singh and Shamsher Singh started abusing and assaulted them with deadly weapons. Amar Singh had an Axe, Darshan Singh had a Darat and Shamsher Singh was carrying a Danda. Santokh Singh sustained grievous injuries. Somehow Gurmeet Singh (PW-1) managed to flee away from the spot and cry for help. Jasbinder (PW-3) nephew (Bhanja) of Santokh Singh arrived at the spot. Thereafter Gurmeet Singh and Jasbinder Singh took Santokh Singh to a hospital at Nalagarh in a Maruti car. After administering first aid, Dr. Kuldeep Jaswal (PW-5) referred the patient for further treatment to P.G.I., hospital at Chandigarh. Doctor informed the police about the incident. In the hospital at Nalagarh, police recorded statement (Ex. PA) of Gurmeet Singh (PW-1) which was sent to Police Station, Nalagarh where F.I.R. No. 118/2 dated 19.7.2002 (Ex. PW9/A) was registered by Sh. Anant Ram (PW-9). The matter was investigated by Yogesh Joshi (PW-12). He arrested accused Amar Singh and Darshan Singh on 20.7.2002 and accused Shamsher Singh on 23.7.2002. Same day, in the presence of witness Darshan Singh (PW-8), accused Darshan Singh and Shamsher Singh made disclosure statements (Ex. PA and Ex. PC), on the basis of which, weapons of offence namely, Danda (Ex. P-1), Darat (Ex. P-2) and Axe (Ex. P-3) were recovered. At P.G.I., Chandigarh, injured Santokh Singh was examined by Dr. Rajesh Chhabra (PW-13) who issued M.L.C. (Ex. PW13/A). With the completion of investigation, Challan was presented in the Court for trial.

(2.) All the accused persons were charged for having committed offences punishable under the provisions of Sections 341, 323, 325, 307 read with Section 34 of the Indian Penal Code, to which they did not plead guilty and claimed trial.

(3.) In order to establish its case, in all, prosecution examined as many as thirteen witnesses. Statements of the accused under the provisions of Section 313 of the Code of Criminal Procedure, were also recorded, in which all took plea of false implication and accused Amar Singh stated that Santokh Singh was beaten up by Bihari labourer, whose wife he used to tease.