STATE OF UTTARAKHAND Vs. SUNIL RATHI

JUDGEMENT

(1.) State has filed this appeal, by leave, challenging the judgment and order dtd. 4/6/2014, passed by 2nd Additional Sessions Judge, Haridwar in Sessions Trial No. 339 of 2011. By the impugned judgment, the Trial Court has taken the view that the accusations against the accused respondent have not been established beyond reasonable doubt and held the evidence to be inadequate and acquitted him of the charges punishable under Ss. 307, 309, 504 and 506 IPC.

(2.) It is the case of prosecution that at around 4.30 PM on 10/8/2011, respondent Sunil Rathi started beating PW12 Khushal Singh in District Jail, Roshanabad. The incident escalated when the said inmate allegedly thrashed the duty officer (PW12). When he raised the alarm, other duty officers (PW2 and PW3) came and rescued PW12. Shortly after being restrained and escorted to a holding area, the accused attempted to commit suicide by hitting his head against the wall.

(3.) After investigation, police submitted chargesheet against the accused respondent. Charge was framed against the accused, to which he pleaded 'not guilty' and claimed trial. To bring home the guilt of accused, prosecution examined as many as 14 witnesses. PW1, PW2, PW3, PW4 and PW8 are duty officers/jail authorities; PW5, PW6, PW7 and PW9 are other inmates/independent witnesses; PW10 is Medical Officer who examined the victim/complainant and the accused respondent; PW11 is a formal witness, who prepared the chick FIR and made necessary entries in the GD; PW12 is informant/victim Khushal Singh; PW13 and PW14 are Investigation Officers.