RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Assailing the judgment dated 17.8.2006, passed by learned Sessions Judge, Mandi, H.P., in Sessions Trial No. 56 of 2004, titled as State of Himachal Pradesh vs. Raj Kumar, whereby appellant-accused stands convicted for having committed offences punishable under the provisions of Sections 307 and 506 of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of three years and pay fine of Rs. 5,000/- and in default thereof, to further undergo simple imprisonment for a period of three months in relation to offence punishable under Section 307 IPC and simple imprisonment for a period of six months and pay fine of Rs. 1,000/- and in default thereof, to further undergo simple imprisonment for a period of one month in relation to offence punishable under Section 506 IPC, he has filed the present appeal under the provisions of Section 374(II) of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that on 2.4.2004, complainant Baldev Urao (PW-3), who was working as a labourer with Parveen Kumar Bisht (PW-10), had gone to a tea stall alongwith Inder Kumar (not examined), Suresh Kumar (PW-4) and Lekh Ram (not examined) when accused, on the issue of use of water from the pipe, reprimanded him. Thereafter, without any sufficient cause, reason or provocation, accused not only threatened but also assaulted the complainant with a darat causing injuries on the neck. Parveen Kumar Bisht (PW-10) after informing the police, got the injured medically treated. On the asking of SHO N. K. Sharma (PW-8), HC Karam Singh (PW-7) visited the hospital, where statement (Ext. PD) of the injured was recorded, which led to registration of F.I.R. No. 125 of 2004, dated 2.4.2004 (Ext. PK) at Police Station Sadar, Mandi, H.P., against the accused under the provisions of Sections 307, 323, 506 of the Indian Penal Code. The accused who was arrested, made disclosure statement (Ext. PH) which led to recovery of weapon of offence i.e. darat (Ext. P-1) so concealed by him. Blood stained darat (Ext. P-1), shirt (Ext. P-3) and samples of soil so recovered by the police, were sent for chemical examination and report (Ext. PL) 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.) The accused was charged for having committed offences punishable under the provisions of Sections 307 and 506 of the Indian Penal Code, to which he did not plead guilty and claimed trial.