STATE OF H.P. Vs. RAVI KUMAR

JUDGEMENT

(1.) RESPONDENT was sent up for trial for offences under Sections 323, 324 and 506 IPC for allegedly causing injuries to PW-1 Sumeet Kumar, by means of a Darat, and also for intimidating him.

(2.) DURING the course of trial, the respondent took the plea that in fact PW-4 Mukesh Kumar @ Sanju and injured Sumeet Kumar (PW-1) assaulted him and that PW-4 Mukesh Kumar @ Sanju was holding a Darat and he aimed a blow at him and while protecting himself he went behind injured Sumeet Kumar and the blow landed on his (Sumeet Kumar's) arm resulting in clean-cut wound, as noticed by PW-2 Dr. Madhu Sood. He stated that as a result of the assault on him he sustained a number of injuries and that those injuries were noticed on his person when he was examined by a doctor on 19.4.1997.

(3.) I have heard the learned Additional Advocate General as also the learned counsel for the respondent and perused the record. Injured's case, as per his statement in the Court as PW-1, is that when he was studying in a field, respondent came there armed with a Darat and asked him why he was sitting in his field and then he dealt a blow of Darat on his arm resulting in an injury. The injury, as per the testimony of PW-2 Dr. Madhu Sood, measures 2.5 cm X 0.1 cm X 0.25 cm. The respondent is testified to have then dealt some more blows with the reverse side of the Darat. It is further stated that when he (injured) cried for help PW-4 Mukesh Kumar @ Sanju came there and rescued him.