STATE OF HP Vs. RAMESH KUMAR

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 25.12.1999, accused was put to trial. In terms of judgment dated 15.9.2003 passed by learned Addl. Chief Judicial Magistrate, Arki, Distt. Solan, H.P. in Crl. Case No.31/2 of 2000, titled as State of H.P. vs. Ramesh Kumar, the accused stands acquitted of the charged offence.

(2.) It is the case of the prosecution that on 25.12.1999, at about 3.00 p.m., Sh. Hem Raj (PW-1) was dismantling the shuttering of his house at village Kashlog. Accused Ramesh Kumar started stacking stones in the lane adjoining to the cowshed belonging to PW-1 which was objected to by him and his mother Smt. Shakuntla Devi (PW-2). This would have narrowed the passage of the lane for this reason an altercation took place between them and the accused pushed the complainant (PW-1) and gave beatings to him. Complainant suffered injuries on his left foot, left knee and little finger of his left hand. PW-1 lodged a report (Ext.PW-5/A) with the police at Police Station, Darlaghat and F.I.R. dated 18.1.2000 (Ext.PW- 1/A) under Section 325 IPC was registered. Complainant was got medically examined through Dr. Sanjay Mukherjee (PW-6) at Primary Health Centre, Darlaghat who upon preliminary investigation issued MLC (Ext.PW-6/A) and referred the matter to the District Hospital where he was examined by Dr. B. K. Bhardwaj and his X-ray was got done.

(3.) With the completion of the investigation the challan was presented in the Court for trial and the accused was charged for having committed an offence punishable under Sections 323 & 325 IPC to which he did not plead guilty and claimed trial. In order to prove its case the prosecution examined 7 witnesses. Statement of the accused under Section 313 Cr.PC was also recorded.