STATE OF H.P. Vs. SUBHASH CHAND

JUDGEMENT

(1.) Both appeals are filed against the same judgment and sentence passed by learned trial Court in Sessions Case No. 18-D/VII/05/03 titled State of Himachal Pradesh Vs. Subhash Chand and another decided on 29.8.2007 hence both appeals are consolidated and disposed of vide same judgment as they arise out of the same judgment passed by learned trial Court.

(2.) Brief facts of the case as alleged by prosecution are that on dated 14.11.2002 at about 12.30 PM accused persons in furtherence of common intention voluntarily caused hurt to Smt Kamla Devi wife of Sh Amin Chand. It is further alleged by prosecution that accused persons also intimidated injured Smt Kamla Devi to cause her heath. It is further alleged by prosecution that on dated 14.11.2002 injured Smt Kamla Devi and other family members were working in their field and were cleaning water channel at about 3 PM. It is further alleged by prosecution that coaccused Rajinder Pal inflicted injuries upon the head of Smt Kamla Devi with 'Fauda' (Sharp edged weapon) and thereafter she fell down on the ground and became unconscious. It is further alleged by prosecution that thereafter beatings were given to Smt Kamla Devi by accused persons. It is further alleged by prosecution that Smt Kamla Devi suffered number of injuries upon her body. It is further alleged by prosecution that Anil Kumar and Sanjeev Kumar tried to rescue Kamla Devi but they also sustained injuries in the scuffle. It is further alleged by prosecution that statement of Sanjeev Kumar Ext PW4/A was recorded. It is further alleged by prosecution that police prepared site plan Ext PW12/A. It is further alleged by prosecution that medical examinations of Smt Kamla Devi, Anil Kumar and Sanjeev Kumar were conducted. It is further alleged by prosecution that as per disclosure statement Ext PW5/B made by co-accused Rajinder Pal 'Fauda' (Sharp edged weapon) was recovered by the police. It is further alleged by prosecution that police took into possession salwar Ext P2 and scarf Ext P3 of injured Kamla Devi and seizure memo Ext PW4/B was prepared. Charge was framed against accused persons under dated 14.5.2003. Accused persons did not plead guilty and claimed trial

(3.) The prosecution examined as many as fourteen witnesses in support of its case: <FRM>JUDGEMENT_22_LAWS(HPH)10_2014_1.html</FRM>