STATE OF HIMACHAL PRADESH Vs. KAMAL NARAIN

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 29.01.1996, delivered by the learned Additional Sessions Judge, Sirmaur at Nahan in Sessions Trial No. 15-N/7 of 1994, whereby the accused has been acquitted of having committed an offence punishable under Sec. 333 of the Indian Penal Code.

(2.) The prosecution case, in brief, is that on 6th Sept., 1993, at about 2:30 p.m., a bus bearing No. HR-02-1791 came to the Nahan Bus Stand. Injured Harnam Singh (PW-1) was the Conductor of the bus. As soon as he got down from the bus, one Sudhir Gorkha gave a signal to the accused and the accused dealt blows with an iron rod on the face of the injured Harnam Singh. Due to the injuries caused in this attack, the injured Harnam Singh lost the sight of his left eye. This incident was witnessed by PW-8 Basant Singh and PW-3 Kulbhushan, Booking Clerk of the Bus Stand, Nahan. The injured was first taken to the District Hospital, Nahan. Since his left eye was damaged, he was referred to P.G.I., Chandigarh. After taking treatment at P.G.I., Chandigarh, the injured of his own accord went to Philodelphia Hospital, Ambala for further treatment, but his eye sight could not be saved. The report was lodged by PW-8 Basant Singh at the Police Station, Nahan, on the basis of which, F.I.R. in question was lodged. During investigation, it was found that the person, who had caused the injuries, was accused Kamal Narain and, therefore, he was charged with having committed the offence aforesaid.

(3.) At the out-set, we may note that Sudhir Gorkha, who was identified on the first day itself, was neither apprehended nor challaned by the Police. A case has been made out only against accused Kamal Narain. He has been acquitted by the learned trial court, mainly on the ground that the identity of the person who attacked the injured has not been proved.