PANKAJ KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Pankaj Kumar has filed this appeal against the judgment, dated 28th November, 2006, of learned Additional Sessions Judge (Fast Track Court), Kangra at Dharamshala, whereby he has been convicted of offences, under Sections 302, 452, 323, 342, 324, read with Section 34 of the Indian Penal Code and sentenced as follows:

(2.) PROSECUTIONS case, which led to the trial of the appellant, may be noticed. Deceased Manoj Kumar and his father PW -5 Satish Kumar, as also the appellant and his two brothers Neeraj and Ankaj, are residents of village Nalsuha in Dehra Tehsil of Kangra District. On 23rd July, 2004, deceased Manoj Kumar went to the fields to graze his cattle in the morning. One Daljeet, also resident of village Nalsuha, asked the deceased as to who had grazed his cattle in his field. Neeraj, a brother of the appellant, who is now facing trial for this very incident, before the Juvenile Justice Board, was also there. He told Daljeet that cattle of deceased Manoj Kumar had trespassed into his field. Manoj Kumar denied the allegation.

(3.) PW -5 Satish Kumars wife and deceased Manojs mother PW -12 Kusum Sharma was not at home that day, as she had gone to Chintpurni to see her parents. Around 4.30 p.m., when PW -5 Satish Kumar and his son deceased Manoj Kumar were asleep, appellant Pankaj Kumar, accompanied by his brothers Neeraj and Ankaj, who are also facing trial before the Juvenile Justice Board, went to the room, where PW -5 Satish Kumar and deceased Manoj were sleeping. Pankaj was armed with Drat Ex. P -1 and his brothers were armed with a hockey stick and an iron rod. They gave beatings to both, PW -5 Satish Kumar and his son deceased Manoj. Deceased Manoj was hit on the head with Drat by appellant Pankaj. Thereafter, the appellant and his brothers went away, chaining the door of the room from outside. PW -5 Satish Kumar went to the first floor of the house, using the stairs located inside the covered portion of ground floor of his house, and shouted to PW -6 Sulakshna Devi, a neighbour, to open the door. PW -6 Sulakshna Devi went there and unchained the door from outside. She was told by PW -5 Satish Kumar that he and his son had been assaulted by the appellant and his two brothers, named above. PW -5 Satish Kumar then gave a ring to his wife PW -12 Kusum Sharma, who was at Chintpurni. She returned by Bus. Then a TATA SUMO vehicle of PW -10 Manoj Kumar was requisitioned from village Nehran Pukhar.