STATE OF HP Vs. HIRA LAL

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 24.4.1994, accused were put to trial. In terms of judgment dated 26.5.1999 passed by learned Chief Judicial Magistrate, Shimla, in Crl. Case No.304/2 of 1995, titled as State of H.P. vs. Hira Lal & Anr., the accused stand acquitted of the charged offence.

(2.) It is the case of the prosecution that on 24.4.1994, Sh. Surinder Kumar (PW-6) and his father were at their house when at about 10.30 a.m. he noticed that cattle belonging to the accused Hira Lal were grazing in their field. PW-6 was directed by his father to remove the cattle from the field. His efforts were obstructed by accused Krishna, who was carrying a darat (sickle) in her hand. She even tried to attack PW-6 on his head with the same. Accused Hira Lal also reached at the spot and started attacking PW-6 with the darat. Mother of PW-6 also arrived at the spot and saw accused Hira Lal give beatings to PW-6. Due to the kicks given by Hira Lal in the abdomen, PW-6 vomited blood. He was taken to the nearby hospital. On the basis of the information received the police reached the hospital where the statement (Ext.PW-1/A) of Sh. Med Ram (PW-1) was recorded on the basis of which F.I.R. dated 25.5.1994 (Ext.PW-11/G) under Section 307/34 IPC was registered with Police Station, Dhali. Police machinery was swung into motion and weapon of offence i.e. darat (Ext.P-1) was taken into possession vide seizure memo (Ext.PW-3/A). PW-6 was medically examined by Dr. Sanjay Vikrant (PW-11) who found the injuries to be grievous in nature and issued medico legal certificate (Ext.PW- 10/A). Further surgical operation of the injured was carried out by Dr. Kamaljit (PW-8). Medical records (Ext.PW-7/A) were also taken by the police.

(3.) With the completion of the investigation the challan was presented in the Court for trial and the accused were charged for having committed an offence punishable under Section 325 IPC to which they did not plead guilty and claimed trial. In order to prove its case the prosecution examined 12 witnesses and the statement of the accused under Section 313 Cr.PC was also recorded. In defence the accused examined two witnesses.