STATE OF H.P. Vs. VIKAS CHAUHAN

JUDGEMENT

(1.) ALL these appeals are being disposed of by a common judgment as they all arise from a judgment, rendered on 30.8.2010, by the learned Additional Sessions Judge -I, Kangra at Dharmshala, in Sessions Case No. 1 -P/2004, whereby, the appellants have been convicted and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 25,000/ - each for the commission of offence punishable under Section 304 Part -II, read with Section 34 IPC and, in default of payment of fine, they have been sentenced to undergo simple imprisonment for six months.

(2.) THE genesis of the case, as comprised in F.I.R. Ext. PW -17/B, lodged, qua the occurrence, whose perusal unfolds the fact that on 20.8.2003 at about 4.45 p.m., the accused were ragging the students outside the Degree College, Palampur. The aforesaid acts were noticed by Ajay Sharma and his companions, Munish Walia and Amit Thakur. When objection was raised by the aforesaid about the ragging of new students by accused Gaurav Sood and Sanjiv Sharma alias Sunny caught hold of Amit Thakur and other co -accused struck a knife on his abdomen. Ajay Sharma and Munish Walia rushed towards Amit Thakur to rescue him, but they were also beaten up. Accused Sachin Pal, who was carrying a Khukari and with it, he had inflicted a stab blow in the stomach of Munish Walia. Ajay Sharma was caught hold by accused Saurav Sood and Vikas Chauhan gave a blow of knife. Owing to the injuries, sustained by the injured, blood started oozing from the wounds of the injured. Accused fled from the spot. The injured were carried to Sub Divisional Hospital, Palampur by some students, who reached the spot.

(3.) MUNISH Walia and Ajay Sharma were discharged from the hospital on 22.8.2003 and 23.8.2003, respectively. Both sustained simple injuries with sharp edged weapon and their MLCs are comprised in Ext. PW -3/D and Ext. PW -3/C respectively. The case summary of Ajay Sharma and Munish Waila, when they remained in the Dr. R.P.G.M.C., Dharamshala bear Ext. PW -1/B and Ext. PW -1/C, respectively. Amit Thakur was referred to Dr. R.P.G.M.C., Dharamshala where he was operated upon for his injuries on 21.8.2003. The case summary of Amit Thakur is comprised in Ext. PW -1/A and on his body an incised wound was found over left side of abdomen. On 27.8.2003, Amit Thakur developed Fistula and for which exploration was also done. However, he again developed fistula and was referred to CMC Ludhiana and an intimation qua this was given by the concerned doctor to the S.H.O., Division No. 3, Ludhiana, vide letter Ext. PW -2/A. The father of deceased also intimated Police Station, Palampur about the death of his son, which was reduced into writing in Roznamcha, copy whereof is Ext. PW -14/B. Inquest reports, comprised in Ext. PW -11/A and Ext. PW -11/B were prepared by the police and a police party was sent to CMC, Ludhiana. Photographs of the body of the deceased were taken vide Ext. PW -16/B -1 to Ext. PW -16/B -3, negatives whereof are comprised in Ex. PW -16/B -4 to Ex. PW -16/B -6. The case summary at C.M.C., Ludhiana, is, comprised in Ex. PW -2/B and MLC, is, Ex. PW -2/C. An application Ex. PW -4/A was moved to SMO, C.M.C., Ludhiana for the postmortem of the deceased and postmortem report, is, Ex. PW -4/A, wherein it was opined that death took place owing to septiceamic shock. Body of the deceased was handed over to his father after postmortem under receipt Ex. PW -16/A. The blood stained clothes etc. of the injured were sent for chemical analysis, and, reports of Chemical Analyst are comprised in Ex. PA and Ext. PB, respectively. Before the death of Amit Thakur, his statement, comprised in Ex. PW -15/A, under Section 161 Cr.P.C., was recorded on 26.8.2003.