- (1.) This appeal is against the order of acquittal of the accused for the offences under Sections 307/324 read with Section 34 of the Indian Penal Code passed by the learned Additional Sessions Judge, Chandigarh.
(2.) Navin Kumar PW 5 was living with his uncle Jagdish Rai in a residential house bearing No. 330 Sector 7, Chandigarh. About 1 1/2 months before the present occurrence he and his cousin Sansar Chand PW 8 had a dispute with the neighbours. On 25.8.1988 at about 10.30 P.M., Sukhminder Singh accused along with two other boys, one Sikh and one clean shaven met them. Out of them one boy asked as to whether Navin Kumar and Sansar Chand had any dispute with any one and their reply was positive. On this Sukhminder Singh brought a hockey stick from his house and the other companion brought a knife. The unknown person armed with a knife inflicted injuries on the person of Sansar Chand PW 8. As Navin Kumar PW 5 came forward to rescue his cousin he was also inflicted injuries by-those boys. Sukhminder Singh accused also inflicted injuries to them with strick. Navin Kumar being afraid ran away from the spot and Sansar Chand on receipt of injuries fell down at the spot. On receipt of information from the control room, SI Darshan Kumar PW l0 went to the spot and found Navin Kumar PW5 and Sansar Chand PW 8 lying in injured condition. Sansar Chand injured was removed to P.G.I.
(3.) Statement Ex. PK of Navin Kumar PW 5 was recorded by SI Darshan Kumar PW 10 on 25.8.1988 and on its basis formal F.I.R. Ex.PK/1 was recorded to the Police Station at 12.35 A.M. on 25.8.1988. The special report reached the learned Ilaga Magistrate at 10.00 A.M. on 26.8.1988. Then the Investigating Officer prepared rought site plan Ex. PN of the place of occurrence and lifted blood stained earth from the spot vide memo Ex. PK/B. As per medico legal report the injuries on the person of Navin Kumar and Sansar Chand injured were declared dangerous to life. The clothes of the injured were taken into possession vide memo Ex. PG/2. Sukhminder Singh accused was arrested on 30.8.1988. The Investigating Officer also photographed the place of occurrence. In pursuance of his disclosure statement Ex. PM, Sukhminder Singh accused got recovered knife Ex. P 17 and hockey Ex. P 18, which were taken into possession vide memo Ex. PM/2.;