RAJ KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant has come in appeal against his conviction dated 1.7.2002 and sentence dated 3.7.2002 under Section 307 IPC by the learned Sessions Judge, Bilaspur in Sessions Trial No. 3 of 1996 sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2000/ -, in default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) THE prosecution case, in brief, is that PW -1 Raghubir Singh on 20.12.1994 was sleeping in his rented room at 10.30 p.m., at Panjgain (Gahar) when someone knocked at his door. He came out and noticed three persons namely Anil Kumar, Raj Kumar and Prem Singh in the verandah. Prem Singh and Anil Kumar caught hold of PW -1 and Raj Kumar struck a blow of knife on his stomach. He cried but in the meantime accused fled away. The landlady PW -2 Jai Devi alongwith her son came to the spot. Both of them put PW -1 on the cot and took him to Primary Health Centre, Panjgain where PW -3 Dr. S.P. Dhiman attended the injured around 1.50 a.m. and he issued MLC Ex.PW -3/A. The injured was referred to District Hospital, Bilaspur, PW -3 also informed the police at which PW -4 Vijay Pal Head Constable went to Primary Health Centre, Panjgain. PW -1 was not fit to make statement, therefore PW -4 could not record the statement of PW -1.

(3.) ON completion of investigation challan was presented against the appellant and two more namely Anil Kumar and Prem Singh. The charge for committing offence punishable under Sections 452, 307 read with Section 34 IPC was framed to which the appellant and two others did not plead guilty and claimed trial. The prosecution has examined nine witnesses and placed some documents on record. In the statements under Section 313 Cr.P.C. the appellant, Anil Kumar and Prem Singh, denied the prosecution case. No defence witness was examined. On conclusion of trial, the learned Sessions Judge, acquitted Anil Kumar and Prem Singh but convicted Raj Kumar, hence present and by Raj Kumar. The State has not filed any appeal against the acquittal of Anil Kumar and Prem Singh nor the State has filed an appeal against the acquittal of appellant under Section 452 IPC.