ASHU PURI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant criminal appeal filed under Section 374 CrPC is directed against judgment/order of conviction dated 30.10.2008/31.10.2008 recorded by the learned Additional Sessions Judge, Una, District Una, HP, in Sessions Case No. 10 of 2008/Sessions Trial No. 18 of 2008, whereby appellant-accused was convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of '50,000/- under Section 325 IPC and, in default of payment of fine to further undergo rigorous imprisonment for one year. Other co-accused namely Vivek and Rajvir were acquitted.

(2.) Briefly stated, the facts of the case as emerge from record are that PW-1 Amit Sharma, got his statement recorded under Section 154 CrPC Ext. PW-1/A, stating therein that on 21.10.2007, at about 12.15 pm, the accused Ashu Puri (appellant herein), Vivek and Rajvir Singh, in furtherance of their common intention had done away with the life of deceased Harshbardhan at Virbhadra Chowk, Santoshgarh by inflicting fist and kick blows on the person of the deceased, who collapsed and fell down the road itself. Accused fled away from the spot on the scooter of one of accused, Vivek. Deceased was rushed to Kaushal Nursing Home, Santoshgarh by Amit Sharma, Aman, Lucky and Mohinder Mohan (PW-3). Dr. Sanjiv Kaushal (PW-2), after administering one injection, had referred the deceased to Zonal Hospital Una, since it was a medico legal case. However, deceased was rushed to NFL Hospital Naya Nangal, where he had been declared dead. Deceased was thereafter brought to the Zonal Hospital, Una. Post-mortem of deceased was got conducted at Zonal Hospital, Una, by the police. Postmortem came to be conducted on 22.10.2007, vide Ext. PW-11/B. As per opinion of the two member Board, who had conducted post mortem on the body of deceased, and had issued post-mortem report, Ext. PW- 1/B, deceased died due to rupture of Aorta and head injury leading to haemorrhagic shock and death. On the basis of aforesaid complaint, having been made by PW-1, a formal FIR Ext. PW-20/A came to be registered at Police Station, Haroli, District Una. Police, after completion of investigation, presented the Challan, in the competent Court of law. The learned trial Court, being satisfied that prima facie case exists against accused, charged them under Section 302 read with Section 34 IPC, to which they pleaded not guilty and claimed trial.

(3.) Subsequently, learned trial Court, on the basis of evidence adduced on record by the prosecution, held appellant-accused namely Ashu Puri guilty of having committed offence punishable under Section 325 IPC and, sentenced as stated above, whereas other two accused namely Vivek and Rajvir were acquitted by the Court below of the charges framed against them by holding that evaluation of totality of the circumstances suggests that Vivek and Rajvir had no common intention to commit offence alongwith accused Ashu Puri. At this stage, it may be noticed that no appeal, whatsoever, was filed by the State against acquittal of aforesaid persons, namely Vivek and Rajvir, as such, judgment of acquittal qua them has attained finality.