PINKU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These appeals are directed against the judgment and order passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 705 of 2000, dated 12.10.2007 and 15.11.2007. By the impugned judgments and orders, the High Court has reversed the judgment of acquittal passed by the Trial Court in relation to the Appellant-herein and convicted and sentenced the Appellant for the offences punishable Under Sections 325 read with Section 34 of the Indian Penal Code, 1860 (for short, "the Indian Penal Code"). The brief facts of the prosecution case are that on 07.05.1994 at about 9:30 p.m. the three accused persons including the Appellant offered a lift to one Dhani Ram (PW-4) in their truck. Thereafter, the accused persons pushed PW-4 out of the truck. In the mean time, the complainant reached the spot in a van and demanded to know why the accused persons did so. At that point, the accused persons hit the complainant with a rod and stone, causing a fracture of the temporal parietal bone. They also pelted stones at the complainant, PW-4 and the driver of the van (PW-2). The complainant reported the matter to the police the next day and a First Information Report was registered.

(2.) After the completion of the investigation chargesheet was filed against the accused persons. Thereafter, the accused persons appeared before the Trial Court and after both sides were heard, charges were framed for the offences punishable Under Sections 235 and 506 of the Indian Penal Code read with Section 34 of the Indian Penal Code. The charges were read over and explained to the accused persons who pleaded not guilty. Accordingly, the case was committed to Trial.

(3.) In order to substantiate the charges framed against the accused persons, the prosecution examined nine witnesses and presented several documents including the medical examination report of the complainant. After the closure of prosecution evidence, the statements of the accused persons were recorded Under Section 313 of the Code of Criminal Procedure (for short, "the Code"). No evidence was led in defense of the accused persons.