RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has arisen out of the judgment of conviction dated 12.01.2017, and order of sentence dated 13.01.2017 passed by the Additional Sessions Judge, Karnal, vide which the appeal filed by the State of Haryana, challenging the judgment of acquittal dated 04.04.2014, passed by the Sub Divisional Judicial Magistrate, Assandh (Karnal), in case FIR No.107 dated 04.04.2008 under Sections 332, 353, 186, 323 and 506 of the Indian Penal Code (for short 'IPC'), registered at Police Station Assandh, was allowed. Vide the impugned judgment and order, the petitioner was convicted under Sections 332, 353 and 506 IPC and sentenced as under:-

(2.) In order to prove its case, the prosecution had examined as many as six witnesses including Gagan Pandey, SDO/Additional Executive Engineer as PW-2.

(3.) After taking into consideration the evidence on record and rival contentions of the parties, the trial Court has drawn the conclusion that there was no independent witness in the present case. Neither the MLR had been placed on record to prove the injuries on the persons of Mamu Ram and Oma nor the case property i.e. the torn off clothes of Mamu Ram were produced before the Court. However, PW-3, Head Constable, Jagbir, had stated that the torn off clothes of Mamu Ram were given to the Investigating Officer at Police Chowki on 07.04.2008. PW-2, Gagan Pandey had admitted that he had not witnessed the occurrence. Thus, the trial Court, vide judgment dated 04.04.2018 had acquitted the petitioner of the charges framed against him.