STATE OF HIMACHAL PRADESH Vs. HARI SINGH

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to the impugned judgment dated 19.8.2000, passed by the learned Additional Chief Judicial Magistrate, Ghumarwin, District Bilaspur, H.P., in Case No. 484/1 of 1996, acquitting the accused - Respondents for the offence under Sections 342, 326, 324, 323, 504 read with Section 34 of the Indian Penal Code.

(2.) THE prosecution case is that, on 25.7.1997 at about 6:45 AM, accused Surinder Singh took Smt. Shakuntla Devi (P.W. -2) complainant/victim in her cow shed and caused grievous hurt to her (P.W. -2) with darat when the complainant/victim had gone to her cow shed to feed the bullocks, at that time Hari Singh and Balwinder Singh, Respondents/accused were present near the cow shed and Surinder Singh also came at that place and took her inside the cow shed and inflicted injuries on her head with the darat. Hari Singh and Balwinder Singh had also assaulted the fist blow, after receiving injuries, she had fallen down and became unconscious. Rapat Ex.PW11/A was lodged and thereafter Smt. Shakuntla Devi (P.W. -2) was medically examined vide MLC, Ex.PW7/D and accordingly FIR Ex.PW11/B, was registered and the accused/Respondents were charged for the aforesaid offences.

(3.) P .W.1 Shri Mehar Singh, took Smt. Shakuntla Devi (P.W. -2), complainant/injured to the hospital in his Maruti Van bearing registration No. HP -23 -0538 at about 10:00 AM. However, he did not know the name of lady, who carried the victim/injured (P.W. -2), to the hospital.