STATE OF H.P. Vs. RATTAN 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 29.4.2000, passed by learned Judicial Magistrate Ist Class, Jubbal, District Shimla, H.P. in case No. 49/2 of 99/96, acquitting the Respondent -accused for the offence, under Section 452, 326 and 506 of the Indian Penal Code.

(2.) THE prosecution case is that on 30.12.1995, at about 9.45 P.M., Respondents -accused Rattan Singh and Devinder Kumar forcibly entered in the house of the complainant Mehar Singh and snatch a sum of Rs. 500/ - from the wasket of the complainant and dragged the complainant out side from the room and Respondent -accused Rattan Singh took the Drat from the room of complainant and inflicted a blow of the same on the right side of the ear of the complainant, consequent upon complainant was injured and he was medically examined and FIR was presented before the Judicial Magistrate on 31.10.1995 and after investigation, Respondent -accused was charged for the aforesaid offences.

(3.) IN order to prove its case, the prosecution examined as many as six prosecution witnesses, namely, PW -1 Mehar Singh, PW -2 Krishan Chand, PW -3 Abdul Rashid, PW -4 Smt. Urmila , PW -5 H.C. Dharam Dass and PW -6 Dr. Satish Rathore, whereas the Respondent -accused through his statement under Section 313 Code of Criminal Procedure denied the prosecution case.