STATE OF HIMACHAL PRADESH Vs. VISHAL SEPHIYA

JUDGEMENT

(1.) THE instant appeal, is, directed by the State, against the impugned judgment, rendered on 21.1.2008, by the learned Additional Sessions Judge -II, Kangra at Dharamshala, in, Sessions case No. 3 -D/VII/2005, whereby, the learned trial Court acquitted the accused/respondents for theirs having committed offence punishable under Sections 147, 148, 307 IPC read with Section 149 IPC.

(2.) BRIEF facts of the case, are, that, on 3.7.2003 a telephonic information with regard to admission of an injured in the hospital was received from Zonal Hospital, Dharmshala. On receipt of information, police party headed by SI Gulzari Lal rushed to the Hospital. Police recorded the statement of Varun Sharma, who was accompanying the injured, under Section 154 Cr.P.C., as the injured was not capable to make a statement. It has been deposed by Varun Sharma in his statement that he was studying in BSC final year in Government College, Dharamshala and when he had gone to the college along with Anil Sharma, then near the office of Principal, Manoj Sharma and Sudhir Sharma met them and there were 6 -7 boys of the college, who were standing at some distance and out of those boys one boy had come and asked Manoj Sharma that he was called by other boys and thereafter that boy started dragging Manoj Sharma and the remaining boys encircled him and started giving beatings to Manoj Sharma. One of those boys had stabbed Manoj Sharma in his stomach with knife, in sequel thereto Manoj Sharma sustained injuries over his arm and throat. Thereafter all those boys had run away along with knife. It has further been mentioned by Varun Sharma that he did not know the names of the boys but he along with Sudhir Sharma can identify those boys. He further disclosed in his statement that the boy who stabbed Manoj Sharma had also threatened him. His statement was sent to the Police station for registration of FIR. During the course of investigation, the police had prepared the spot map and recovered knife at the instance of accused Kuldip Singh. The knife was taken into possession. The injured was got medically examined. As per the medical opinion, the injuries sustained by the injured were dangerous to life to be caused with sharp edged weapon.

(3.) THE accused were charged, for, theirs having committed offence punishable under Sections 147, 148, 307 IPC read with Section 149 IPC, by the learned trial Court, to, which they pleaded not guilty and claimed trial.