HARISH KAPOOR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present appeal filed under Section 374 (2) of Cr.P.C., challenge has been laid to judgment dated 25.9.2012, passed by learned Sessions Judge, Kangra at Dharamshala, H.P., in Sessions Trial No. 13-G/VII-2009, whereby appellant-accused (hereinafter, 'accused) came to be convicted and sentenced to undergo simple imprisonment for a period of four years for having committed the offence punishable under Section 307 IPC.

(2.) Precisely, the facts of the case as emerge from the record are that accused herein faced trial under Ss. 147, 148, 149, 323, 506 and 307 IPC in the Court of learned Sessions Judge, Kangra at Dharamshala, H.P., on the allegation that on 25.2.2008, at about 8/8.30 PM, accused alongwith other co-accused, who otherwise stand acquitted vide impugned judgment under challenge, gave beatings to persons namely, Peeyush Sharma and Anuj Sharma, respectively. Person namely, Rakesh Kumar telephonically informed PW-1, Manu Sharma, that Peeyush Sharma is being given beatings by accused herein alongwith other accused, whereafter above named Manu Sharma with his brother Anuj Sharma reached the spot and tried to rescue Peeyush Sharma, but they were also given beatings. Allegedly, the accused herein hit soda water bottle on the head of Anuj Sharma and stomach/ abdomen of Peeyush Sharma, as a consequence of which, they both suffered serious injuries. Injured persons were got medically examined at CHC Jwalamukhi and simultaneously, FIR No. 28, dated 19.7.2010, Ext. PW-13/A came to be recorded against the accused and other co-accused on the complaint having been made by PW-1, Manu Sharma. After completion of the investigation, Police presented challan in the trial Court, who being satisfied that prima facie case exists against the accused herein and other co-accused, proceeded to frame charge against them under the aforesaid provisions of law, to which they pleaded not guilty and claimed trial.

(3.) After closure of prosecution evidence, accused in their statements recorded under S.313 Cr.P.C., denied the case of prosecution in toto and also examined two witnesses in their defence. Learned trial Court on the basis of totality of evidence led on record by the prosecution though acquitted co-accused namely, Anoop Kumar, Rajesh Goswami, Gulshan Sharma, Ajit Kumar, Pawan Kumar, Ishant Sharma, Shammi Sood and Hanish Sharma, but convicted the present accused and sentenced him to undergo SI for four years for having committed offence punishable under S. 307 IPC. In the aforesaid background, accused has approached this Court in the instant proceedings, seeking his acquittal after setting aside the impugned judgment of conviction recorded by trial Court.