LAWS(HPH)-2014-7-153

STATE OF HIMACHAL PRADESH Vs. SANJEEV KUMAR

Decided On July 28, 2014
STATE OF HIMACHAL PRADESH Appellant
V/S
SANJEEV KUMAR Respondents

JUDGEMENT

(1.) STATE has appealed against the judgment dated 29.9.2007, passed by learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, Himachal Pradesh, in RBT S.C. No. 23 -J/VII/06/05 (ST No. 20/07), titled as State of Himachal Pradesh v. Sanjiv Kumar and others, challenging the acquittal of respondents Sanjeev Kumar @ Goldi, Sujan Singh @ Chhuna and Avtar Singh @ Chhottu (hereinafter referred to as the accused), who were charged for having committed offence punishable under the provisions of Sections 307, 382, 325/34 of the Indian Penal Code.

(2.) IT is the case of prosecution that on 4.11.2002, Hoshiar Singh (PW -1) was travelling with his daughter Rajani Bala (PW -2) and son Sunil Kumar (not examined), on a scooter bearing No. PB -06 -5459. When he reached near village Banal, he found three -four boys, under the influence of alcohol, standing on the road, near the liquor vend. When he slowed down the scooter, one amongst the boys kicked the scooter, as a result of which Hoshiar Singh fell down. Thereafter, these boys started beating and robbed him of his gold chain and Rs. 4,000/ -. One of the boys was being called as Goldi. When a passerby, who proclaimed himself to be driver of a Judge came, the accused ran away from the spot. Matter was reported to the police. FIR No. 209/02, dated 4.11.2002 (Ex. PW -8/B), under the provisions of Sections 307, 382, 34 of the Indian Penal Code, was registered at Police Station, Jawali, District Kangra, Himachal Pradesh, by ASI Raj Kumar (PW -8). Investigation was conducted by Inspector Ambia Ram (PW -11), who got the complainant (PW -1), his daughter Rajani Bala (PW -2) and Sunil Kumar medically examined from Dr. Sucha Singh (PW -4) and Dr. Sajan Sharma (PW -5). Medical record (Ex. PW -4/A to 4/C) was taken on record. Investigation revealed complicity of the accused in the alleged crime. Hence, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as eleven witnesses and the statements of accused under the provisions of Section 313 of the Code of Criminal Procedure were also recorded, in which they took up a defence of innocence and false implication.