STATE OF HIMACHAL PRADESH Vs. PANKAJ KUMAR

JUDGEMENT

(1.) State has appealed against the judgment dated 24.9.2012 of the learned Additional Sessions Judge, Sirmaur District at Nahan, Himachal Pradesh, passed in Sessions Trial No.32-N/7 of 2007/06, titled as State of Himachal Pradesh v. Pankaj Kumar and others, challenging the acquittal of respondents-accused Pankaj Kumar, Sanjay Kumar and Baru Ram (hereinafter referred to as the accused), who stand charged for having committed offence, punishable under the provisions of Section 307 read with Section 34 of the Indian Penal Code.

(2.) It is the case of prosecution that on 29.8.2005 at about 10.15 p.m., Sandeep Kumar (PW-21) alongwith his friends Aniket (not examined) and Apurav Chaudhary (PW-2) were present at Telli Mohalla Chowk, falling within the jurisdiction of Police Station, Nahan. At about 10.20 p.m., Pankaj (accused No.1), Sanjay Kumar alias Sanju (accused No.2) and Baru Ram (accused No.3) reached on the spot. Altercation took place between them and accused Pankaj slapped Sandeep Kumar (PW-21). When Aniket and PW-2 intervened, PW-21 was given beatings. In the milieu, accused No.2 stabbed PW-2 and Aniket, with a knife, in their abdomen. Accused persons harboured animosity against the complainant, on account of recent previous incident. The incident in question was witnessed by Banti (not examined), Vir Vikram (PW-16) and Amit Kumar (PW-1). Both Aniket and PW-2 were taken to the hospital for treatment. Police was informed and police party, headed by SI Biru Ahmed (PW-20) reached the spot, recorded the statement of Sandeep Kumar (PW-21), under the provisions of Section 154 of the Code of Criminal Procedure (Ex. PW- 20/A), on the basis of which FIR No.182, dated 29.8.2005 (Ex. PW-11/A), under the provisions of Section 307, 34 of the Indian Penal Code was registered at Police Station, Nahan, District Sirmour, Himachal Pradesh. The injured were got medically examined from Dr. Amit Kumar (PW-9), who issued MLCs (Ex.PW-9/A & 9/B). Police arrested the accused on 30.10.2005. Accused Sanjay Kumar and Pankaj made disclosure statements (Ex. PW-4/A & 4/B, respectively), on the basis of which they got recovered knives (Ex.P-3 & P-4), weapons of offence, as also their blood stained clothes (Ex. P-5 & P-6, respectively), which were seized vide seizure Memos (Ex. PW-7/A & 7/B). Recovery was effected in the presence of HC Ram Gopal (PW-7). Weapons of offence as also clothes, so recovered by the police, were sent for chemical examination to the Forensic Science Laboratory, Junga and report of the Chemical Examiner (Ex. PW-20/A) was taken on record by the police. Investigation revealed that Ankit was referred for further treatment to the Post Graduate Institute of Medical Sciences and Research (PGI) at Chandigarh, where he was examined by Dr. Sanjeev Kapoor (PW-10), who endorsed reports (Ex.PW-9/A and Ex.PW-9/B). With the completion of investigation, challan was presented in the Court for trial.

(3.) Accused were charged for having committed offences punishable under the provisions of Sections 307 read with Section 34 of the Indian Penal Code, to which they pleaded not guilty and claimed trial.