STATE OF HIMACHAL PRADESH Vs. MEHBOOB KHAN

JUDGEMENT

(1.) PRESENT appeal is filed against the judgment passed by the learned Sessions Judge, Chamba H.P. in case No. 21 of 2007/06 titled State of H.P. v. Mehboob under Sections 307, 326 and 324 IPC.

(2.) IT is alleged by prosecution that on dated 14.5.2005 at about 7 PM Shri Pawan Mahajan complainant was present with his son Master Himanshu Mahajan in main market Chamba and was getting the cycle of Master Himanshu repaired. It is alleged by prosecution that when Pawan Mahajan was getting his cycle repaired accused hit him with a sharp edged weapon i.e. Khukhari on his head with the intention and knowledge to cause death of Pawan Mahajan. It is alleged by prosecution that accused also caused grievous and simple injuries on the person of Pawan Mahajan through sharp edged weapon i.e. Khukhari. It is further alleged by prosecution that accused also pushed Master Himanshu Mahajan and he fell down. It is also alleged by prosecution that thereafter accused fled away from the spot and also took mobile phone and cash worth Rs. 9300/ - (Rupees nine thousand three hundred only) belonging to Pawan Mahajan. It is alleged by prosecution that thereafter statement of Pawan Mahanjan Ext. PA was recorded under Section 154 Cr.P.C. and FIR Ext. PW10/A was registered in P.S. Sadar Chamba. It is also alleged by prosecution that Khukhari Ext. P1 was recovered as per disclosure statement Ext. PD given by accused. It is alleged by prosecution that Khukhari Ext. P1 took into possession vide seizure memo Ext. PB and sealed. It is alleged by prosecution that weapon of attack was identified by injured and Pawan Mahajan injured also produced his blood stained shirt Ext. P2 and pant Ext. P3 and same took into possession vide seizure memo Ext. PC. It is alleged by prosecution that FSL report is Ext. PX and as per request of police Ext. PW7/A tatima Ext. PW7/B showing the place of incident was prepared. It is also alleged by prosecution that copy of jamabandi is Ext. PW7/C and request for medical examination of injured is Ext. PW10/C. It is alleged by prosecution that site plan Ext. PW10/D was prepared and map showing the place from where Khukhari sharp edged weapon Ext. P1 was recovered is Ext. PW10/F. It is alleged by prosecution that Ext. PW10/D is piece of cloth on which sample of seal 'T' was obtained and sketch of Khukhri sharp edged weapon is Ext. PW10/J. It is alleged by prosecution that police request for obtaining final opinion of medical officer is Ext. PW10/F and Ext. PW11/A is the X -ray form of Shri Pawan Mahajan and Ext. PW11/B to Ext. PW11/D are X -ray films and Ext. PW11/E is X -ray report and Ext. PW12/A is MLC. It is alleged by prosecution that Ext. PW13/A is OPD slip issued by Dr. Avneesh Kumar.

(3.) PROSECUTION examined as many as thirteen witnesses in support of its case: - -