LAWS(HPH)-2011-4-6

STATE OF HIMACHAL PRADESH Vs. VIJAY KUMAR

Decided On April 06, 2011
STATE OF HIMACHAL PRADESH Appellant
V/S
VIJAY KUMAR Respondents

JUDGEMENT

(1.) STATE has come in appeal against the judgment dated 25.11.2000 rendered by the learned Chief Judicial Magistrate, Kangra at Dharamshala whereby the respondents, who were charged with and tried for offences punishable, under sections 341, 326 and 506 of the Indian Penal Code, have been acquitted.

(2.) CASE of the prosecution, in a nutshell, is that complainant Baldev Krishan was on his way to his house in Shamnagar of Dharamshala town. He was accosted by the respondents, who were under the influence of liquor. Respondent No.2 Shyam Singh caught hold of the complainant and respondent No1 Vijay Kumar put his left ring finger in his mouth and by giving a tooth bite, he amputated the distal portion of his left ring finger. Complainant went to Police Station and lodged F.I.R. Ex.PW-2/B. The complainant was taken to hospital. He was medically examined by Dr. Arun Tanglikar (PW-3) and he referred him to Dr. R.K. Mahajan, who gave his opinion on the basis of X-ray of left ring finger of the complainant. The matter was investigated by the police and the challan was put up after completing all the codal formalities.

(3.) MR. M.S. Chandel, Senior Advocate has supported the judgment dated 25.11.2000.