STATE OF HIMACHAL PRADESH Vs. SITA RAM

JUDGEMENT

(1.) RESPONDENT Sita Ram was convicted by the learned trial Court for the offence punishable under Section 324 of the Indian Penal Code, but instead of awarding substantive sentence he was released on probation. He felt aggrieved by the aforesaid judgment and as such filed an appeal before the Court of Sessions. The complainant had also filed appeal for enhancement. The appeal of the complainant was dismissed, whereas the appeal filed by respondent Sita Ram was allowed and he was acquitted of the said offence. It is against this order the State felt dissatisfied and filed the instant appeal against his acquittal.

(2.) HEARD and gone through the evidence on record in the light of the judgment passed in appeal. Learned Additional Sessions Judge pointed out certain infirmities in the statements of the prosecution witnesses in his judgment and relied upon the defence of alibi.

(3.) THE prosecution story in brief is that on 2nd January, 1999 at about 8.30 p.m. Naresh Kumar was engaged in some heated discussions with complainant PW -1 Mohinder Singh. Meanwhile, respondent Sita Ram appeared with a "Drati" in his hand and voluntarily caused injury on the right side of head of Mohinder Singh. Attracted by the commotion, wife of Mohinder Singh, named Kiran Devi (PW -3) and Sansar Chand (PW -4) came to the spot and relieved Mohinder Singh from the clutches of Sita Ram and his son Naresh Kumar.