MOHINDER KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) In this criminal appeal, the challenge has been made by the appellants against their conviction and sentence passed under Section 307 read with Section 34 of the Indian Penal Code, by the learned trial Court in Sessions Trial No. 12 of 1999, decided on 16-1-2002, whereby each of the appellants were ordered to undergo the rigorous imprisonment for a period of two years and to pay a fine of Rs. 2000/- to each of the appellants with a de: fault clause.

(2.) The background facts of the case are: - On 20-1 -1998, a person was found in an injured condition by the side of the stairs leading to Mohalla 'Pucca Tala'. The Police was informed. The injured was taken to the Hospital for his treatment. He was unconscious. His identification could not be as certained. On 17-2-1998, he regained his senses howeven. was unable to speak, but he allegedly wrote the names of the appellants on his note book describing that they had given beatings to him.

(3.) PW-2 Dharam Chand, father of the injured came to know that his son was admitted to the Hospital at Chamba. He went there and found his son there unconscious. When regained his senses, he noticed that he could not speak, but wrote the names of the assailants on Ext. P-1 to Ext. P-7. Thereafter he moved an application Ext. P- A to the Deputy Commissioner, Chamba which was referred to the Police for registration of the case. The police took into possession the note book wherein the names of the appellants were written.