ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By this judgment we are disposing of two appeals, titles and particulars of which are given hereinabove, as both of them arise out of the same judgment, i.e., judgment dated 30th November, 1995 of learned Additional Sessions Judge (2), Kangra at Dharamshala. One appeal, i.e., Cr. Appeal No. 415 of 1995 has been filed by Ashok Kumar, who has been convicted of offence under Section 307, Indian Penal Code, and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/-, in default of payment of fine to undergo simple imprisonment for a further period of two months. The second appeal has been filed by the State for enhancement of sentence awarded to the said Ashok Kumar by the trial court.

(2.) The case of the prosecution, as it emerges from the evidence on record, may be summed up thus. Injured PW-3, Ravinder Singh, accompanied by his friend PW-4, Rakesh Kumar, went to see off his two friends, named Gaurav and Navjeevan Mankotia on 13th May, 1993, around 8.15 PM. When said Ravinder Singh, PW-3 and Rakesh Kumar, PW-4, were returning, they were stopped by the present appellant, who came from the side of village Sidhwari riding pillion of a scooter which was being driven by his accomplice Krishan Gurang, since acquitted by the trial court.

(3.) Appellant's accomplice Krishan Gurang stopped the scooter. The appellant, who was riding pillion, got down from the scooter and while addressing PW-3, Ravinder Singh, he proclaimed that the fire which he had ignited would be extinguished by him. Thereafter the appellant allegedly gave a fist blow on the face of injured Ravinder Singh, PW-3. In the meanwhile, the two friends of Ravinder Singh and Rakesh Kumar, namely, Gaurav and Navjeevan Mankotia, who had gone not very far reached the spot and when the said two friends of Ravinder Singh and Rakesh Kumar tried to disengage the appellant and Ravinder Singh, PW-3, the appellant allegedly pushed away the aforesaid friends of Ravinder Singh, PW-3 and took out a knife with which he stabbed PW-3, Ravinder Singh in the abdomen as a result of which his intestinal fat layer protruded out from the incision caused by the stab injury.