STATE OF HIMACHAL PRADESH Vs. JEET RAM

JUDGEMENT

(1.) This appeal is filed by the State against an order of acquittal recorded by the Sessions Judge, Hamirpur, on January 17, 1997 in criminal appeal No. 4 of 1996. By the said judgment and order, the learned Sessions Judge set aside an order of conviction recorded by the Additional Chief Judicial Magistrate, Hamirpur, on March 29, 1996, in case No. 79 -1 of 1993/125 -11 of 1994.

(2.) The case of the prosecution was that on June 11, 1993 at about 8 p.m., PW -1 Duni Chand was in his house. Along with his family members, he was taking dinner in the courtyard of his house. At that time, Jeet Ram, accused No. 1, came there and started abusing the complainant. He also picked up cow dung (Gobar) and threw it at the house of the complainant. When the complainant resisted such move, the enraged accused Jeet Ram gave a lathi blow on his head and other parts of the body. Duni Chand sustained several injuries. He raised shouts, but meanwhile other accused also reached the spot, switched off the light of the house of the complainant and joined accused No. 1 in beating the complainant. It was further case of the prosecution that during the incident, complainants wife Banto Devi, PW -2 also received injuries. Accused No. 2 Pritam Singh gave a stick blow on her left leg which resulted in fracture. She was beaten by other accused also. PW -3 Bansi Ram (real brother of complainant Duni Chand) was present at the time of occurrence and he was thus an eye witness to the incident.

(3.) The complainant Duni Chand, thereafter, reported the matter to police vide a report Ex. PW -5/A, on the basis of which FIR Ex. PW -5/B was registered against the accused. Usual investigation was made. Both the injured were sent to Civil Health Centre, Barsar and then to the District Hospital for medical treatment and x -ray examination. Investigating Officer, PW -6 Krishan Gopal visited the spot and prepared a site plan, which is produced at Ex. PW -6/A. He also recovered weapons of offence, namely, "Dandas" vide recovery memos. Ex. PW -4/A, Ex. PW -4/B as well as Ex. PW -6/C. PW -2 injured Banto Devi produced blood stained clothes before the Investigating Officer, which are at Ex. PW -6/B. After necessary formalities, the accused were charged for committing offences punishable under Sections 325, 323 read with Section 34 of the Indian Penal Code.