STATE OF HIMACHAL PRADESH Vs. KULDEEP KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 28.11.2007, passed by learned Addl. Sessions Judge, Fast Track Court, Dharamsala, H.P., in Criminal Appeal RBT No. 1 -D/2005/2002, titled as Kuldeep Kumar vs. State of Himachal Pradesh, whereby appeal filed by the respondent -accused against the judgment dated 20.8.2002/21.8.2002, in Case No. RBT No. 28 -II/02/01, titled as State of H.P. vs. Kuldeep Kumar, stands allowed and order of conviction and sentence set aside, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 23.8.2001 complainant Vipan Kumar (PW -1) was on his way to meet his friend at Tapowan, Dharamshala. At about 12.45 p.m. when he reached Sidhbari, accused Kuldeep Kumar abused and gave him a blow with a khukhari resulting into injuries on left arm and right side of the eye. He raised alarm and was rescued by passers by. Matter was reported to the police and F.I.R. No. 150 of 2001 (Ext. PW -4/A), dated 23.8.2001 registered at Police Station Dharamshala, Distt. Kangra, H.P. under the provisions of Sections 323 and 324 of the Indian Penal Code against the accused. On the asking of accused, police recovered weapon of offence i.e. khukhari (Ext. P -1) vide recovery memo (Ext. PW -1/B). Complainant was got medically examined from Dr. Dinesh Mehta (PW -6) who issued MLC (Ext. PW -6/A). With the completion of investigation, which prima facie revealed complicity of the accused in the crime, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined nine witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he took plea of innocence and false implication. No evidence in defence was led by the accused.