DAVINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Since both these appeals arise out of a common judgment, therefore, they are being disposed of by a common judgment. The instant appeals are directed against the findings of conviction recorded by the learned Additional Sessions Judge, (Fast Track Court) Kangra at Dharmshala, H.P. against the accused/appellants whereby, the learned trial Court convicted the accused/appellants for theirs committing offences punishable under Sec. 326 and 307 of the Penal Code besides sentenced them as under:- <FRM>JUDGEMENT_8_LAWS(HPH)3_2017_1.html</FRM>

(2.) Brief facts of the case are that on 13.4.2003, one Sanjiv Kumar, Rajnish Kumar and Ravinder Singh were participating in the marriage in village Tajwan at the house of one Babu Ram. At about 10 p.m., all these three accompanied by their two friends Balwinder Singh and Surinder Singh went towards Tajwan Khud from where water flow in a kuhl had been diverted by Chain Singh, father of Sanjiv Kumar and Rajnish Kumar to their fields for irrigation purpose, to see as to whether fields were getting irrigated or not, Sanjiv Kumar was going ahead all of them who was attacked by Davinder Kumar with a 'drat' on account of which he suffered injuries and fell on the ground. He cried for help. At this, his brother Rajnish and uncle Ravinder Kumar and two other persons accompanied by them Balwinder Singh and Surinder Singh rushed to the spot. When Rajnish Kumar reached near Sanjiv Kumar he was attacked by Sushil Kumar with a dagger and immediately Ravinder Kumar who also reached was also attacked by both the accused and on account of that all the three i.e. Sanjiv Kumar, Rajnish Kumar and Ravinder Kumar suffered injuries with drat and dagger and Sanjiv Kumar had fell unconscious. Ravinder Kumar took Sanjiv Kumar and Rajnish Kumar to the house of Babu Ram where the marriage ceremony was going on, which was near the spot of occurrence. In the meantime, some other people had also assembled there. From the house of Babu Ram, the injured were shifted to Sehgal Hospital at Pathankot where they were provided medical aid. The doctor, attending upon them, sent telephonic intimation to the police station informing that three injured persons have been brought to the hospital. At this, the police reached the hospital where the statement of Chain Singh who is father of both injured Sanjiv Kumar and Rajnish Kumar and brother of Ravinder Kumar was recorded. The statement was sent to the police station on the basis of which FIR was registered. The police started investigation. During investigation the accused were arrested. Both the accused on different dates made disclosure statements and as per disclosure statement of accused Davinder Kumar a 'drat' was recovered and at the instance of accused Sushil Kumar a dagger was recovered. The investigation in the matter was carried out. The clothes of injured were also taken into possession during investigation. As per the investigation conducted the police came to the conclusion that the accused had voluntarily administered beatings with sharp edged weapons to Sanjiv Kumar, Rajnish Kumar and Ravinder Kumar and on account of those beatings Sanjiv Kumar in addition to simple injuries also suffered grievous injuries. Rajnish Kumar and Ravinder Kumar were also found having suffered injuries with sharp edged weapons which were described to be dangerous to life. It was found that the beatings were given in such a way that the accused knew it that death could be caused. Thereby the police prepared the challan for offence under Sections 326 and 307 read with Sec. 34 IPC.

(3.) The accused/appellant were charged by the learned trial Court for theirs allegedly committing offences punishable under Sections 326 and 307 read with Sec. 34 IPC, to which they pleaded not guilty and claimed trial.