STATE OF H.P. Vs. RANJIT SINGH

JUDGEMENT

(1.) THE present criminal appeal has come -up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted, in reference to the impugned judgment dated 24.2.1997, passed by learned Additional Sessions Judge -I, Kangra District at Dharamshala, in Sessions Trial No. 13 -G/96, acquitting the respondent -accused for the offences, under Section 307 of the Indian Penal Code.

(2.) PROSECUTION case is that respondent -accused was married with Smt. Chanchal and Miss Priyinka was born from the said wedlock. However, respondent -accused was interested in second marriage with some other lady and on 31.1.1994 at about 4.30 P.M. when both were accompanying respondent -accused, Smt. Chanchal PW -5 was hit by stones and was injured and respondent -accused left both of them on way. However, Smt. Chanchal informed Kedar Nath and Kishori Lal and accordingly Kedar Nath informed the police about the injured condition of Smt. Chanchal. Medical examination was conducted and investigation was made. Respondent -accused was charged for the aforesaid offence and case was committed to the Sessions Court.

(3.) PW -10 Dr. K.K. Rattan was not known to Smt. Chanchal and he conducted the medical examination of Smt. Chanchal and Miss Priyinka. Similarly, PW -11 Dr. D.P. Swami had admitted that he had not examined the said Chanchal. However, medical examination does not reveal that the alleged injury on the person of victim was grievous in nature and nothing has been divulged that the injury has created permanent disfiguration.