STATE OF J&K Vs. SURESH KUMAR

JUDGEMENT

(1.) The present application has been filed seeking leave to file appeal against judgment dtd. 27/2/2018 passed by learned Principal Sessions Judge, Kathua (for short, trial court) vide which respondents have been acquitted in FIR No. 85 of 2012 for offences under Ss. 307, 323, 341, 34 of Ranbir Penal Code (RPC) of Police Station, Hiranagar.

(2.) An overview of the background facts is that on 20/6/2012 at 10:00 a.m., the informant Mohan Singh (PW-1) was allegedly attacked by respondents at village Sunkhal with stones, fists and blows, as a result whereof, he suffered grievous injuries on his head and left ear. The injured was shifted to Hiranagar Hospital for treatment, from where he was referred to Government Medical College and Hospital (GMC&H), Jammu for further treatment. The statement of the injured was reduced into writing by ASI Daljeet Singh, Incharge, Police Post, Dinga Amb, at GMC&H, Jammu, on the basis of which, aforesaid FIR came to be registered against respondents and investigation was entrusted to ASI-Daljeet Singh (PW-8).

(3.) It surfaced during investigation that accused-Suresh Kumar, respondent No.1 herein used to abuse injured Mohan Singh on his mobile phone. Few days prior to the occurrence, the injured confronted respondent No.1-accused, Suresh Kumar and sought reasons for hurling abuses on him, which was denied by accused-Suresh Kumar. On 20/6/2012, accused-Suresh Kumar came to village Sunkhal in Matador bearing registration No. JK02Q-6287 in the afternoon, where he met the injured and there was hot exchange of words between the duo and the injured left the spot. However, at about 10:00 p.m., accused-Suresh Kumar went to the house of the injured, called him outside and when injured reached near a well, he found all respondents-accused persons standing there who caught hold of him and made a murderous assault by hitting him on his head with stones. The victim fell unconscious on spot due to impact of injuries and was evacuated to the hospital. The investigation culminated into filing of final report envisaged under Sec. 173 Cr.P.C. against respondents for the aforesaid offences.