Decided on December 12,2012

MUKESH Appellant


- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 09.02.2001, passed by Learned IIIrd Additional Sessions Judge, Hardwar, in Sessions Trial No. 73 of 1996, whereby said court has convicted the accused/appellant Mukesh under section 307 of I.P.C, and sentenced him to rigorous imprisonment for a period of five years and directed to pay fine of Rs. 1000/-.
(2.) Heard learned Amicus Curiae for the appellant, and learned A.G.A, for the State, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 24.07.1995, at about 7.00 am PW2 Govind Mohan was going to open his tea stall kiosk in Mohalla Ratan Ka Purva within the limits of Kotwali Roorkee, when accused Mukesh came there, and gave a knife blow on his chest. PW1 Ranno Devi, who was also present at the place of incident immediately took her injured son to hospital for medical aid. Thereafter PW1 Ranno Devi went to Police Station Roorkee and lodged First Information Report (Ex-A1) at about 5.10 pm. She alleged that since the injured had made report to the police against the accused Mukesh (who used to molest the girls) he (accused) attempted to kill the injured (PW2 Govind Mohan). On the basis of the First Information Report, Crime No. 148 of 1995, was registered against the accused Mukesh in respect of offences punishable under section 307, 504 and 506 of I.P.C. Crime was investigated by Sub Inspector Manju Singh. She interrogated the witnesses, and inspected the place of incident. Meanwhile, PW2 Govind Mohan underwent surgery in Civil Hospital Roorkee, and he remained there for about a fort night. His injuries were recorded by Dr. Vinod Kumar Tyagi (since deceased) at the time of admission of PW2 in the Hospital, who prepared injury report (Ex-A8). On completion of investigation charge sheet (Ex-A7) was filed against accused Mukesh for his trial in respect of offences punishable under section 307, 504 and 506 of I.P.C.;

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