STATE OF HIMACHAL PRADESH Vs. ARVIND ALIAS SHAMBHOO

JUDGEMENT

(1.) State of Himachal Pradesh aggrieved by the judgment dated 28.3.2009, passed by learned Addl. Sessions Judge, Una, District Una, H.P. in Sessions Trial No. 7 of 2007, whereby the respondents (hereinafter referred to as the accused) have been acquitted of the charge framed against each of them under Sections 307, 326, 324 IPC read with Section 34 IPC and under Section 25 of the Indian Arms Act, has preferred the present appeal for setting aside the same on the grounds inter alia that the evidence produced by the prosecution has not been appreciated in its right perspective and to the contrary, the findings recorded on the basis of conjectures and surmises. There being no enmity of the prosecution witnesses with the accused who have deposed against them, their testimony has been ignored without assigning any reason. The testimony of injured witnesses Sunil Kumar (PW-1) and Bikram Jit Singh (PW-3) qua identification of the accused persons and that it is they who alone were the assailants, has also been erroneously ignored. Undue weightage to the statement of photographer that the photographs were taken on 10.5.2006 has been given while acquitting the accused of the charge.

(2.) The facts of the case, in a nut shell, are that PW-1 a salesman was present in a liquor vend at Jorbar Bhatehar on 9.5.2006. One Bikram Jit Singh (PW-3), who happens to be the brother-in-law of Ajnesh Kumar (PW-7), another salesman deployed in the liquor vend, had also come to meet him. Since Ajnesh Kumar (PW-7) was away to Hoshiarpur, therefore, Bikram Jit Singh (PW-3) stayed in the liquor vend with Sunil Kumar (PW-1). Around 11:30 PM, they both were sleeping outside the liquor vend. Both accused came there and told Sunil Kumar (PW-1) that they intend to purchase liquor and that they will come back after some time. It is around 1:30 AM (midnight) when both Sunil Kumar (PW-1) and Bikram Jit Singh (PW-3) were sleeping, the accused persons suddenly attacked them. Accused Arvind allegedly inflicted a knife blow on the chest of Sunil Kumar (PW-1) on left side whereas accused Brijesh inflicted darat blow on the person of Bikram Jit Singh (PW-3). They raised hue and cry and both accused allegedly fled away from the spot. The injured went to Police Post Chintpurni. The statement of Sunil Kumar (PW-1) Ext. PW-1/A was recorded under Section 154 Cr.P.C. They both thereafter were taken to hospital at Chintpurni for treatment. The medical aid was given to them in the said Hospital and referred to Zonal Hospital Una for better management. In the Hospital at Una, X-rays were conducted.

(3.) On the same day i.e. 10.5.2006, the police visited the spot at about 4-5 PM. The site plan Ext. PW-20/E was prepared. The blood stained Shirt (white coloured) Ext.P-1 and bed sheet Ext. P-2 produced by Sunil Kumar (PW-1) were taken into possession vide memo Ext. PW-1/B and PW-1/C. During further course of investigation, one blood stained T-Shirt Ext. P-5 belonging to Bikram Jit Singh (PW-3) was also taken into possession on 23.5.2006.