LAWS(HPH)-2007-12-42

RAJ KUMAR Vs. STATE OF H. P.

Decided On December 14, 2007
RAJ KUMAR Appellant
V/S
STATE OF H. P. Respondents

JUDGEMENT

(1.) IN this appeal, Raj Kumar appellant has assailed his conviction and sentence passed under Section 323 of the Indian Penal Code to under-go rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/- and Anil Kumar has challenged his conviction and sentence under Section 324, I.P.C. to undergo imprisonment for a period of two years and to pay a fine of Rs. 2000/- passed by the trial court.

(2.) PRECISELY , the case of the prosecution has been that there was a marriage function in the house of one Kali Dass in village Rohn on 17-2- 1996. At About 9.00 P.M, Santokh Singh and Subhash Chand, who were also present in the marriage, were sitting in the room of house of Kali Dass. Suddenly they heard a noise of quarrel coming from the court yard of that house. Thus, both of them came out and saw Mehar Chand and Parshinda Ram were being beaten up by the appellants. Santokh Singh tried to intervene but Raj Kumar gave a danda blow on his head and Anil Whether reporters of the Local papers are allowed to see the judgment? Yes. Kumar had stabbed him causing five injuries. Santokh Singh injured was taken to Sub Divisional Hospital Palampur. Dr. Dinesh Sood (PW2) examined him and found the following injuries on his person:

(3.) SANTOKH Singh was found fit to make the statement. Sub Inspector Gurdass Ram (PW16) Investigating Officer of Police Station, Palampur visited the Hospital and on giving fitness certificate (Exhibit PW2/C) by the Doctor recorded the statement (Exhibit PW1/A) of Santokh Singh, on the basis of which FIR Exhibit PW14/B was registered under Sections 307, 323 read with Section 34 of the Indian Penal Code. The Police prepared the site plan Exhibit PW15/A, took into possession Medico Legal Certificate of the injured Santokh Singh. Appellants were also arrested on the same day and were got medically examined.