STATE OF H.P. Vs. KEWAL SINGH

JUDGEMENT

(1.) The present appeal has arisen after leave to appeal in reference to order, dated 22.3.1996, passed by the Additional Chief Judicial Magistrate, Amb, District Una, H.P. in Case No. 23 -I -1991, acquitting the accused for the alleged offence under Sec. 324/326 of the Indian Penal Code.

(2.) In order to adjudicate the present appeal, it is necessary to give factual background of the case. On 16.11.1990 at about 1.30 p.m. at Gagret, accused gave two hits of Kassi from its sharp edged side on the head of one Bachitter Singh and thereby caused grievous and simple hurt on his person, who was thereafter removed to hospital by his two brothers and some other people, who were on the spot. Thereafter, he was got medically examined. The injured was referred to Una hospital and then to PGI, Chandigarh. After investigation, challan was prepared and submitted in the court for the offence under Sec. 324 & 326 I.P.C.

(3.) The prosecution, in order to prove its case, has examined as many as ten prosecution witnesses, whereas, accused has denied the prosecution case and has shown his innocence.