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2012 Supreme(HP) 756

SURINDER SINGH
Rajesh Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Appellant:Mr. Himmat Negi, Advocate vice Mr. Ajay Sharma, Advocate.
For the Respondent:Mr. P.M. Negi, Deputy Advocate General.

JUDGMENT

Surinder Singh, J (Oral).

The appellant was convicted by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala in S.C. No. 17-K/VII/05/03/S.T. No. 52/2005, decided on 24.04.2006, under Section 307 of the Indian Penal Code for attempted murder on PW-11 Brij Mohan by stabbing on his back with a knife and sentenced to undergo imprisonment for a period of four years and to pay a fine of Rs.10,000/-, with the default clause. Hence, the present appeal by the convict.

2. Heard and gone through the record.

3. The prosecution story, in brief, can be stated thus. In the year 2002, PW-11 Brij Mohan was a student of 10+1 studying in Government Senior Secondary School, Nagrota Bagwan. It is alleged that on 8th February, 2002, there was some altercation between the accused and Sandeep, a friend of Brij Mohan. On 12.2.2002, at about 10.45 a.m., while going to school, he was accompanied by PW-7 Madan, PW-12 Chaman and one Surjit, his classmates. On that day, 10+1 students were throwing a party to 10+2 students. When he reached near school gate, the accused came from the opposite side and dealt a knife blow on his back. Brij Mohan sustained bleeding injury on his ba































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