STATE OF H.P. Vs. LOKA NAND

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 1.10.2001, accused was put to trial. In terms of judgment dated 5.11.2004, passed by the learned Addl. Sessions Judge, Fast Track Court, Shimla, H.P. in Sessions Trial No. 24 -S/7 of 2004/2003, titled as State of Himachal Pradesh versus Sh. Loka Nand, accused stands acquitted of the charged offences.

(2.) IT is the case of the prosecution that on 1.10.2001, at about 3.00 p.m. when complainant Sh. Puran Chand (PW -3) was walking through the compound of accused Loka Nand, some altercation took place between them. Accused gave blows with the handle of an axe on the arm and leg of the complainant. PW -3 narrated the incident to Sh. Nikka Ram (PW -4) and Sh. Hukami Ram (PW -2). Statement (Ext. PE) dated 2.10.2001, under Section 154 Cr. P.C. was got recorded by the complainant (PW -3) on the basis of which F.I.R. No. 230 of 2001 (Ext. PF), dated 2. 10.2001, under Sections 307 and 451 IPC was registered at Police Station Dhalli, Distt. Shimla by SI ­Jagdish Chand (PW -6). Complainant was given immediate medical aid and then taken to the hospital at Sunni, where he was referred to I.G.M.C. Shimla, where he was examined by Dr. Yashpal (PW -1) who issued MLC (Ext. PB). Complainant was further referred for treatment to P.G.I., Chandigarh for obtaining report of the Radiological and Neuro Surgical Departments. Report (Ext. PA) revealed that complainant suffered head injury which would have resulted into permanent disability. ASI -Anil Kumar (PW -9) investigated the matter, prepared site plan (Ext. PK), recovered weapon of offence, i.e. danda (Ext. P2) and blood stained shirt (Ext. P4) and vest (Ext. P5) belonging to the complainant. With the completion of investigation challan was presented in the Court for trial.

(3.) IN order to prove its case prosecution examined nine witnesses and the statement of the accused under Section 313 Cr. P.C. was also recorded.