STATE OF H.P. Vs. JEET BAHADUR

JUDGEMENT

(1.) THE accused (respondent herein), Jeet Bahadur was tried by the learned Additional Chief Judicial Magistrate, Kullu, H.P. for the offence under Section 326 IPC. The trial ended in acquittal. It is how that the appellant -State is in appeal before this Court under Section 378 (3) of the Code of Criminal Procedure, 1973 (the Code).

(2.) SHORN of details the prosecution case was that on 4.6.1993 at about 8.00 a.m. the complainant, Shri Hari Singh lodged report with the Police Station, Manali disclosing that on the previous day (3.6.1993), the respondent had met him at Patlikuhal. There both of them took tea. Then they traveled in a three wheeler to the house of the complainant situate at a village known as 15 Miles. At this juncture, the respondent is said to have asked the complainant to accompany him to his house. Then both of them left for the house of the respondent. There they took a local brew known as ˜Lugri. At that time, they were also exchanging jokes with each other which led to an argument between the two. Consequently, the respondent is alleged to have started quarreling with the complainant. Thereafter, he was about to give beatings to him. However, the complainant slipped away from there at about 9.30 p.m., but the respondent followed him and attacked him with a ˜Khukhri and gave two blows with the same to him. The injuries suffered by the complainant started bleeding. Then he fled away from the spot scene to his house and in such attempt lost his cap and cash worth Rs. 1,070/ -. According to the complainant, he could not come to lodge report to the police during the night of the occurrence due to the bleeding of head injury suffered by him. Consequently, FIR Ext. PW5/D was lodged on the next day, 4.6.1993 at 2.30 p.m.

(3.) THE complainant while appearing as PW -2 has admitted in quite categorical terms that the accused had also received injuries and blood was oozing out from the wounds. He has also admitted presence of the wife of the respondent at the spot scene at the material time. However, he has denied that he had misbehaved with her while under the influence of aforesaid brew ˜Lugri and when the respondent had tried to stop him, he had attacked him with a ˜Khukhri.