IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 61 of 2009 Reserved on: 23.04.2025 Date of Decision: 28.05.2025 Sanjay Pantri ...Appellant Versus State of H.P. ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?

For the Appellant : Mr. N.S. Chandel, Senior Advocate, with Mr. Sidharth, Advocate.

For the Respondent/State : Mr. Lokender Kutlehria, Additional Advocate General.

Rakesh Kainthla, Judge The present appeal is directed against the judgment dated 17.02.2009, passed by learned Additional Sessions Judge, (Fast Track Court), Shimla, H.P. (learned Trial Court), vide which the appellant (accused before the learned Trial Court) was convicted of the commission of an offence punishable under Section 326 of Indian Penal Code (IPC) and was sentenced to undergo rigorous imprisonment for three years, pay a fine of

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

₹50,000/- and in default of payment of fine to undergo further rigorous imprisonment for one year. ₹ 25,000/- was ordered to be paid to the victim as compensation out of the fine, so realised. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused and the other persons for the commission of an offence punishable under Section 307 read with Section 34 of the IPC. It was asserted that the police received information from DDU Hospital, Shimla, that Sushil Kumar was brought in an injured condition after a quarrel at Tutikandi. SI Chaman Lal (PW15), ASI Kulwant Singh, HC Rajesh Kumar, and Constable Tikkam Dass were sent to verify the correctness of the information. An entry (Ex.PW12/A) was recorded in the police station regarding their departure. SI Chaman Lal filed an application (Ex.PW15/A) to seek the opinion of the Medical OfÏcer regarding the fitness of the injured to make the statement. The Medical OfÏcer certified that the injured was not fit to make the statement. Amit Nanda (PW13) made a statement (Ex.PW13/A) that he was present in his petrol pump on 11.09.2006 at about 6.00 p.m. Sanjay Panthri (accused) called him and told him that he and Gaje Singh wanted to meet him in connection with some work. Gaje Singh was posted as a Naib Court in Court No. IV. The informant knew Gaje Singh and Sanjay Panthri before the incident. The informant told Sanjay Panthri that he had received a supply of petrol at the petrol pump, and he would meet them at Fagli. However, some time was spent at the petrol pump, and the informant could not visit Fagli as promised. Accused Sanjay Panthri and Gaje Singh visited the informant’s petrol pump at 8.00 p.m. An Interview of Gaje Singh’s brother-in-law was scheduled, and Gaje Singh wanted the informant’s help in connection with the interview. The informant said that it was quite late and that he would talk to someone regarding the interview. All the persons boarded the vehicle bearing registration No. HP-51A-5500. They purchased beer from the liquor vendor at Tutikandi at about 8.30 p.m. and consumed it. They had an altercation with the salesman over the rate of the beer. Sushil Thakur (PW14) and Arun Thakur (PW1) also visited the liquor vend. The informant and Arun Thakur were standing near the counter. Accused Sanjay Panthri, Gaje Singh and Sushil Thakur were standing at a distance of 7-8 feet. Sanjay Panthri and Sushil Thakur had an argument at about 9.15 p.m.

Sushil Thakur told Sanjay Panthri not to talk nonsense about his brother. Sanjay Panthri and Sushil Thakur had a scufÒe. Sanjay Panthri picked up a beer bottle, broke it by hitting the railing with it and inflicted an injury on the stomach of Sushil Thakur. Informant Arun Thakur and accused Gaje Singh tried to rescue Sushil Thakur. Sushil Thakur caught his stomach and shouted for help. Gaje Singh and Arun took the inju