STATE OF HIMACHAL PRADESH Vs. VISHAL ALIAS LOVELY

JUDGEMENT

(1.) STATE has appealed against the judgment dated 26.2.2008 of the learned Sessions Judge, Bilaspur, Himachal Pradesh, passed in Sessions Trial No.5 of 2005/04, titled as State of Himachal Pradesh v. Vishal alias Lovely, challenging the acquittal of respondent Vishal (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Sections 307, 326, 324 and 323 of the Indian Penal Code.

(2.) IT is the case of the prosecution that on 19.9.2003, at about 7 p.m., three boys, namely Rajinder (PW -4), Amar Singh (not examined) and one another person, asked victim Rakesh Kumar (PW -2) to call for Gian (not examined). Rakesh Kumar went to the house of Gian to call him. On his way, accused Vishal met him and without any provocation started beating him. He was given blows with fist and knife. Hearing cries of Rakesh Kumar, his relatives Nirmala Devi (PW -9), Hoshiar Singh (not examined), Kaku (not examined), Pooja (PW -14) and Khima Devi (PW -15) arrived on the spot, and also witnessed the incident. Soon thereafter, accused ran away from the spot and Rajinder Kumar (PW -4) alongwith other persons took Rakesh Kumar to the dispensary at Kandraur. Police was telephonically informed about the incident and HC Suresh Kumar (PW -10) registered report (Ex. PW -10/A). ASI Hari Ram (PW -13), learning that the injured was taken to the Zonal Hospital, Bilapur, went there and recorded his statement (Ex. PW -2/A), on the basis of which FIR No.319/03, dated 19.9.2003 (Ex.PW13/A), under the provisions of Sections 307, 323 of the Indian Penal Code, was registered at Police Station, Sadar. Dr. Dharmendar Dogra (PW -1) medically examined Rakesh Kumar, issued MLC (Ex. PW -1/A) and opined some of the injuries so sustained by Rakesh Kumar to be grievous and dangerous to life. The injured was also referred for treatment to the PGI Hospital at Chandigarh. Police conducted investigation on the spot and took into possession blood stained leaves (Ex.P -2), sand (Ex.P -3) and stones (Ex.P -4), in the presence of Karan Singh (PW -3) and Bhag Singh. Accused was arrested and from his pocket, knife was recovered. Incriminating articles were sent for chemical examination to the Forensic Science Laboratory, Junga and reports (Ex. PX and PY) taken on record. With the completion of investigation, which, prima facie, revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) ACCUSED was charged for having committed an offence punishable under the provisions of Sections 307, 326, 324 and 323 of the Indian Penal Code, to which he did not plead guilty and claimed trial.