STATE OF UTTARANCHAL Vs. RAVINDRA SINGH

JUDGEMENT

(1.) THIS appeal, preferred under section 378 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 12.02.2001, passed by Sessions Judge, Dehradun, in Sessions Trial No. 91 of 1997, whereby said court has acquitted the accused/respondent Ravindra Singh from the charge of offence punishable under section 308 IPC.

(2.) HEARD learned counsel for the parties, and perused the lower court record.

(3.) CIVIL Judge (Jr. Div.)/Judicial Magistrate, Rishikesh, on receipt of the charge sheet (Ex. A6) appears to have committed the case to the court of Sessions for trial of accused Ravindra Singh. Learned Sessions Judge, Dehradun, on 07.08.1997, after hearing the parties framed charge of offence punishable under section 308 IPC, against accused Ravindra Singh who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Dayal Singh (injured/informant), P.W. 2 Raghunath Singh (eye witness) and P.W. 3 Chaman Singh (Investigating Officer). Medical officer who examined injuries on person of the injured, appears to have been not examined as learned defence counsel admitted genuineness of the injury report and dispensed with the formal proof of the same.