RATTAN LAL Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This appeal is directed againsL the judgment and order dated 18- 8-200O passed by learned 1st Addl. Sessions Judge, Jamnu, vide which the appellants have been convicted and sentenced under Section 307, 326, 324 RPC and 4/25 Arms Act under :

(2.) The prosecution story, in brief, is that on 1-7-1996 at noon time complainant Suresh Kumar along with his wife Sudesh Kumari were returning to their home from the fields. When they reached bus stop in front of shop of accused Rattan Lal he along with four other accused persons attacked them. The accused Rattan Lal was armed with Karpan, accused Vijay Kumar was also armed with Karpan, Swarn Lal with Dah and Udho-Ram with a stick. All the accused attacked them and gave injuries to them on various parts of their bodies. They raised alarm on which the accused persons ran away from the spot and the people who had gathered there took them to the hospital. Police came In the hospital and complainant Suresh Kumar made the statement EXP- SK-1, on the basis of which FIR was registered. After completion of the investigation, challan was presented and the accused were charge sheeted under Sections 307,324, 326.341, 147, 149 RPC and 4/25 Arms Act. The accused pleaded not guilty and claimed trial.

(3.) To prove its case prosecution examined PWs, Suresh Kumar, complainant, Sudesh Kumari, Parkash, Girdhari Lal, Dr. B. Jahanjir and Dr. Vinod Sharma,