PRAKASH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dt. 20/7/2012, passed by learned Additional Sessions Judge, Shimla, Camp at Rohru (learned Trial Court), vide which the appellant (accused before the learned Trial Court) was convicted of the commission of an offence punishable under Sec. 323 of the Indian Penal Code (IPC) and was sentenced to undergo simple imprisonment for four months for the commission of the aforesaid offence. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court for the commission of offences punishable under Ss. 307, 323, 324 and 341, read with Sec. 34 of the IPC. It was asserted that the victim, Kuldeep Singh (PW1), had gone to Kharapathar, Chunjar, on 24/10/2007. He and Rai Singh, accused (since acquitted), consumed liquor. They met Prakash (the accused/appellant) Govinder, the accused (since acquitted) and Ajvinder on the way. Kuldeep Kumar went to the house of Pappu to demand glasses. However, he refused. The victim reached the house of Govinder, where Prakash inflicted a blow by means of a sharp-edged weapon on the victim. Rai Singh also quarrelled with the victim and inflicted injuries on him. Jitender Singh (PW9) picked him up and carried him to the hospital. An intimation was given to the police. The police recorded an entry No. 15 (Ext.PW4/A) and sent HC Pyare Lal (not examined) to verify the correctness of the information. HC Pyare Lal filed an application (Ext.PW6/B) seeking the opinion of the Medical Officer about the fitness of the victim to make the statement Dr Sanjeev Gupta (PW6) certified that the injured was not fit to make the statement. Pradeep Kumar (PW2) visited the Police Station and lodged an FIR (Ext.PW2/A). Inspector Lal Man (PW11) investigated the matter. He went to the spot and prepared the site plan (Ext.PW11/A). He f und hair and blood-stained pieces of wood. He put them in separate cloth parcels and seized them vide memo (Ext.PW2/B). Accused Krishan Chand produced a Kassi. The other accused produced the sticks. These were seized vide memos (Ext.PW5/A to Ext.PW5/D). Dr Sanjeev Gupta (PW6) examined the injured/victim and found that e ad sustained multiple injuries. He referred the patient to IGMC Shimla for surgery and further management. The CT scan of the head showed a fracture of the right occipital bone. The nature of the injury was stated to be grievous, which was dangerous to life and could have been caused within 24 hours of the examination. He issued the MLC (Ext.PW6/A). The case property was sent to the SFSL, and a report (Ext.PW11/D) was issued mentioning that blood was detected in traces on hair lifted from the spot, but it was insufficient for further examination. Human blood of group (A) was detected on blood stained wooden piece, pants, t-shirt and sweater of the victim Human blood was detected on the scarf and the blood sample of the victim, but the result was inconclusive in respect of blood group. The hairs found at the spot were identified as human hair. The statements of witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the learned Judicial Magistrate First Class, Court No.2, Rohru, District Shimla, H.P who committed it to the learned Sessions Judge for trial. The learned Sessions Judge assigned the matter to the learned Additional Sessions Judge, camp at Rohru (learned Trial Court).

(3.) Learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, they were charged with the commission of offences punishable under Ss. 323, 341, and 307, read with Sec. 34 of the IPC, to which they pleaded not guilty and claimed to be tried.