RAJESH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) This is an appeal filed by the appellants against the conviction and sentence imposed by the learned Additional Sessions Judge, Solan vide his judgment dated 24-7-2006 and the appellants were convicted to undergo rigorous imprisonment for seven years each and were further sentenced to pay fine of Rs. 20,000/- each for the offence punishable under Section 307 read with Section 34, IPC. In default of payment of fine both the appellants were ordered to further suffer simple imprisonment for one year each. It was further directed that the amount of fine on reasliazation from the appellants to be paid to the injured.

(2.) Briefly stated the facts of the case are that on 12-5-2005 at about 2 a.m. a statement under Section 154, Cr. P.C. was made by Sunil Kumar P.W. 1 before a police officer. He stated that on 11-5-2005 at about 10-30 p.m. he along with Raman Kumar P.W. 2 came to the tea shop of Bish Ram after doing agriculture work and Bish Ram and one Gopal Singh were already sitting there and were talking. It was alleged that at that time Rajesh Kumar son of Joginder Singh came with iron pipe in his hand and immediately gave a blow over the head of P.W. 6 Gopal Singh and also dragged him outside the tea shop. Joginder Singh and Nittu alias Yash Pal who were also accompanying Rajesh Kumar along with dandas in their hands started giving danda blows on the person of Gopal Singh and blood oozed out from the body of Gopal Singh who fell down and became unconscious. At that time one Kuldeep Singh came there and the accused persons ran away from the place proclaiming that in case Gopal Singh dies they will join his cremation. The police reached the spot on the telephonic message of Kuldeep Singh and recorded the statement of Sunil Kumar on which a case was registered. After investigation challan was filed before the learned Sessions Judge who assigned the case to the Addl. Sessions Judge, who framed the charge against both the appellants under Section 307 read with Section 34 of the IPC. The challan of third accused Nittu alias Yashpal was filed before the children Court.

(3.) The appellants were tried by learned trial Court and on the conclusion of the trial they were held guilty and convicted and sentenced as detailed above. The plea taken by the appellants before the trial Court during cross-examination of the witnesses and in statement under Section 313, Cr. P.C. was that of denial that it is a false case based upon enmity. They also took up the plea that injured Gopal Singh P.W. 6 had suffered the injury at that time by fall since he was intoxicated at that time.