IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. Appeal No. 283 of 2010 Reserved on: 01.01.2026 Decided on: 09 .01.2026 _____________________________________________________ Sanjiv Kumar & another …..A.ppellants.

Versus H State of H.P. ……Respondent. _____________________________________________________

Coram The Hon'ble Mr. Justice Sushil Kukreja, Judge.

1 Whether approved for reporting?

_____________________________________________________ For the appellants: Mr. N.K. Thakur, Senior Advocate, with Mr. Divya Raj Singh, Advocate.

For the respondent: Mr. Manoj Chauhan and Mr.

Amandeep Sharma, Additional Advocates General, with Mr. Ankush Thakur and Mr.Balvinder Singh Ballu, Deputy Advocates General.

Sushil Kukreja, Judge The instant appeal has been preferred by the appellants/accused persons/convicts (hereinafter referred to as “the accused persons”) against judgment, dated 26.07.2010, passed by learned Sessions Judge, Una, District Una, H.P., in Sessions Case No. 6 of 2009, whereby the accused persons were convicted under Sections 323, 307 and 452 read with Section 34 of the Indian Penal Code (for short “IPC”).

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

2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:

2(a). On 26.12.2007, around 10:00 p.m., Shri Malwa Ram (complainant) alongwith his son Naveen, wife Smt. Sa.linder Kaur and daughter Ms. Meena were watching TV in their house in Rakkar Colony, Una. Around 10:15 p.m., the complainant directed his son to close outer gate of their courtyard and when he was going out, accused-Sanjiv Kumar @ Binta, who was hiding in the courtyard, attacked him with iron rod and inflicted multiple blows on the head of Naveen. When Naveen cried for help and had fallen down unconscious, Salinder Kaur rushed to the courtyard and she was attacked by co-accused Rakesh Kumar @ Kala. Accused Rakeshh was armed with metal grip and iron rod. He inflicted blows wgith grip on the face and he had also inflicted injuries with iron rod ion the head of Salinder Kaur, consequently, she also fell down and cried for help and turned unconscious. The complainant wanted to rush out, but he was also attacked with iron rod by accused Sanjiv. However, he caught hold of accused Sanjiv and in the interregnum another accused Rakesh entered the premises and inflicted multiple blows to Salinder Kaur and the complainant also turned unconscious. Thereafter, Meena raised alarm to attract the attention of the neighbours and Shri Ashok came to the spot and he overpowered one of the assailants, but said assailant was having metal grip and he caused injuries to him also an.d ultimately the accused persons managed to escape. The injured persons were taken to District Hospital by Shri Ashok and Dr. Indu Bhardwaj attended the injured persons. Police was informed and police personnel visited the hospital and medico legal certificate of the injured persons were procured. Statement of the complainant (one of the injured persons) was recorded by the police and other injured persons were found unfit for recording their statements. Thereafter, a case was registered against the accused persons under hthe apt Sections of IPC. As per the opinion of the doctor, wgho had medically examined the injured persons, the injured ipersons had suffered serious injuries and had been referred for expert medical aid to PGI, Chandigarh. The injured persons remained admitted in PGI, Chandigarh, till 27.12.2007 and police examined Naveen and Salinder Kaur in PGI, Chandigarh. Police collected relevant scientific evidence during the course of investigation and also effected relevant recoveries. Both the accused persons were arrested on 02.01.2008. After completion of the investigation, police presented the charge-sheet before the learned Trial Court against the accused persons for commission of the offences punishable under Sections 323, 307 and. 452 read with Section 34 of the IPC.

3. The p