STATE OF RAJASTHAN Vs. VIPIN KUMAR

JUDGEMENT

(1.) This is an appeal against acquittal passed by learned Additional Sessions Judge Sriganganagar on 23.4.1984.

(2.) I have heard the learned Public Prosecutor as well as learned counsel for the respondent Vipin Kumar.

(3.) The facts are as follows : Ex.P/12, statement of Sandeep Kumar was recorded in Government Hospital, Sriganganagar on 29.4.82 at about 12.30 p.m. According to it, Sandeep Kumar was living in a rented room in 113 P' Block. Sriganganagar. Anand Pandit was also living with him. Sandeep Kumar had notes of English which were given to him by Professor Talwar as he was his student. These notes were borrowed by Vipin Kumar about a month back as he was his class fellow. On the date of occurrence, i.e. 27.4.82, Sandeep Kumar went to Vipin Kumar respondent in order to obtain his notes. One Pawan Kumar son of Shri Harbhagwan Das Arora was also sitting there. Complainant asked for the notes but the accused respondent refused. Then 'complainant pressurised him and asked as to why the notes were not being returned and insisted for their return. Then respondent lost his control and said that it would be returned just now. Then he suddenly brought a Kurd' (knife) which was hanging on the wall. Then Pawan Kumar intervened but by that time Vipin Kumar, respondent, attacked on him. When Pawan Kumar intervened he also suffered two injuries on his hands. Injured Sandeep Kumar suffered injury on his chest and second injury was caused in his hand by which his fingers were injured. Police registered a case vide Ex.P/13 and his medical examination was performed which is Ex.P/5. Accused respondent was arrested on 14.5.82 and on his information weapon was recovered. Challan under Sec. 307 Penal Code was submitted which was committed to the learned Sessions Judge and then transferred to learned Additional Sessions Judge who framed charge on 2.9.82 for the offence under Sec. 307 and in alternative under Sec. 326/324 IPC. Prosecution examined as many as 12 witnesses. Then the accused respondent was examined under Sec. 313 Crimial P.C. Thereafter the learned Sessions Judge heard both the parties and acquitted the respondent as stated above.