MAHAVIR Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed against the judgment rendered on 10.04.2015 by the learned Sessions Judge (Forest) , Shimla, H.P. in Sessions trial RBT No. 34-S/7 of 2013, whereby, the learned trial Court, convicted the accused /appellant herein, for his committing an offence punishable under Section 307 of the IPC, and, sentenced him to undergo rigorous imprisonment for five years, and, to pay a fine of Rs.20, 000/- and in default of payment of the fine amount, his further undergoing simple imprisonment for one year.

(2.) The facts relevant to decide the instant case are that the police was set in motion in pursuant to recording of statement of Jagdish Chand under Section 154 of the Cr.P.C., alleging that he is working in Shop No.3, situated at New Bus stand Tuti Kandi, Shimla as Salesman along with Chirag. On 30.04.2012, the complainant along with Chirag closed the outlets at about 10.30 p.m. and at that time one Anurag, who was working as security guard at ISBT, also joined them. They went o Local Bus Terminal and found that last bus towards Shimla town had already departed. As such, al of them started proceeding towards Shimla town on foot via Tutikandi crossing. At about 11.35 p.m., when they reach near RTO Office, he saw a car going towards Shimla, they signalled it to stop but the car did not stop and at the same time a white coloured vehicle car from Shimla side and stopped near him. The driver of the said vehicle came out and started kicking him by asking him why they were stopping the vehicles in the middle of the road. In the meanwhile, other occupants of the vehicle also came out and on seeing them, complainant and Chirag started running away, but the accused persons caught hold of Anurag and gave beatings to him. Thereafter, they boarded in the same vehicle and fled away from the spot. When the complainant and Chirag came towards Anurag, he while crying disclosed that the persons who gave beatings to him also stabbed him on the stomach. The blood was oozing out from the stomach of Anurag and the food pipe was also came out. He requested his maternal uncle to inform 108 Ambulance. After sometime, police Ambulance came to the spot and Anurag was brought to IGMC, Shimla. The accused persons, who gave beatings are not known to him and to Chirag. They also did not notice the number of the vehicle but he could recognize those persons by face. Neither he, nor Chirag sustained any injuries in this occurrence. Only Anurag sustained stab injuries on his stomach. Had the Chirag not been brought immediately tot he hospital, he would have died. On the aforesaid statement of the complainant, FIR was lodged in the police station concerned. Thereafter police completed all the codel formalities.

(3.) On conclusion of investigation(s) , into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure, was prepared, and, filed before the competent Court.