STATE OF HIMACHAL PRADESH Vs. KAVINDER KUMAR

JUDGEMENT

(1.) Present appeal has been preferred by the State against acquittal of respondent vide judgment dated 27.2.2010 passed by the learned Session Judge, Kangra at Dharamshala, HP in Sessions Case No. 20-P/VII-2007 in case FIR No. 227 of 2006 dated 19.08.2006 registered in Police Station Palampur, under Section 324,307 IPC & Section 25 of the Arms Act.

(2.) Prosecution case is that PW-4 Rajeev Kumar was assaulted by respondent on 19.8.2006 at about 7.30 a.m in front of house of PW-13 Bardu Ram with knife causing injuries in his abdomen and left wrist, which were grievous and dangerous to life and on hearing cries of PW-4 Rajeev Kumar, PW-13 Bardu Ram intervened and asked not to quarrel in front of his house, whereupon respondent left the spot and PW-4 Rajeev Kumar approached PW-2 Dr. Daljeet Singh and PW-1 Dr. Navneet Chauhan, who advised him to visit hospital as injury was grievous in nature and was manageable in hospital only. Thereafter PW-11 Kashmir Singh took him to his home wherefrom his father PW-6 Trilok Chand, shifted him to hospital. On information received from PW-3 Dr.Jaidesh Rana, Medical Officer, PW-10 S.I. Mahinder Singh reached in Sub Divisional Hospital, Palampur and recorded EX.PW4/A, statement of PW-4 Rajeev Kumar under Section 154 Cr.P.C. On the basis of said statement, PW-9 Inspector Sanjeev Chauhan registered FIR EX.PW9/B. PW-4 Rajeev Kumar was referred to Dr. Rajinder Prasad, Government Medical College, Dharamshala, where he was operated by PW-7 Dr. Ramesh Bharti. On completion of investigation, prima-facie finding complicity of respondent in committing the offence, challan was presented in the Court. On conclusion of trial, respondent has been acquitted. Hence, present appeal.

(3.) We have heard learned counsel for parties and have also gone through the record.