RAVI KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) The present Criminal Appeal is directed against the judgment dtd. 1/8/2009 passed by the learned Sessions Judge, Udhampur (hereinafter referred to as the trial Court ), whereby the appellant has been convicted for offences punishable under Ss. 307 and 341 of the Ranbir Penal Code (RPC) and sentenced to undergo rigorous imprisonment for a period of three years along with fine of Rs.10,000.00 for offence under Sec. 307 RPC and in default of payment of fine, to further undergo imprisonment for six months, and further sentenced to pay fine of Rs.500.00 for offence under Sec. 341 RPC with default stipulation. Out of the fine amount, if realized, Rs.8,000.00 has been directed to be paid to the injured Bishambar Dass (PW-3) as compensation.

(2.) The prosecution case, in brief, is that on 27/2/2004, Lalita Devi (PW-1), wife of the injured Bishambar Dass, submitted an application before Police Station, Udhampur alleging that while her husband was proceeding towards Reasi for duty, the appellant Ravi Kumar along with co-accused attacked him with a Toka" and inflicted injuries upon him. It was further alleged that an amount of Rs.10,000.00 was taken from his pocket. On the basis of the said application, FIR No. 54/2004 came to be registered for offences under Ss. 307, 341, 34 RPC and Sec. 4/25 Arms Act. After completion of investigation, charge-sheet was presented and charges were framed on 12/8/2004.

(3.) The prosecution examined nine witnesses in support of its case, whereas the defence examined one witness. Upon appreciation of the evidence, the trial Court convicted the appellant under Ss. 307 and 341 RPC while acquitting him of the charge under the Arms Act, whereas the other two accused stood acquitted by giving them benefit of doubt. Aggrieved thereof, the present appeal has been preferred.