STATE OF H.P. Vs. AMAR NATH

JUDGEMENT

(1.) PRESENT appeal filed against the judgment passed by learned Additional Sessions Judge (Fast Track) Kullu HP in Sessions Trial No. 7 of 2007 titled State Vs. Amar Nath and another decided on 29.10.2007.

(2.) BRIEF facts of the case as alleged by prosecution are that on dated 16.8.2006 at 10.00 PM at village Shat accused persons namely Amar Nath and Tirath Ram in furtherance of common intention gave blow with the aid of darat (sharp edged weapon) on the neck of Radha Devi with intention to cause death of Radha Devi. It is further alleged by prosecution that on the aforesaid date, time and place accused persons caused grievous hurt to Radha Devi. It is further alleged by prosecution that on the same date, time and place accused persons in furtherance of common intention used criminal force to outrage the modesty of prosecutrix. It is further alleged by prosecution that accused persons also torn off the clothes of prosecutrix. It is further alleged by prosecution that after sustaining injuries by prosecutrix blood was oozing out and the clothes of prosecutrix were stained with blood. It is further alleged by prosecution that prosecutrix had also handed over blood stained shirt Ext. P2 vide memo Ext. PB to the police. It is further alleged by prosecution that medical examination of the prosecutrix was conducted at CHC Hospital Jari and as per MLC report prosecutrix sustained grievous injuries. It is further alleged by prosecution that site plan was prepared and torn off clothes were also took into possession by Investigating Officer. It is further alleged by prosecution that report of Forensic Science Laboratory Junga also obtained. Accused persons did not plead guilty and claimed trial.

(3.) PROSECUTION also produced following piece of documentary evidence in support of its case: -