STATE OF HIMACHAL PRADESH Vs. KAMA NAND

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 4.6.2004 passed by learned Chief Judicial Magistrate, Kinnaur at Reckongpeo acquitting the respondents for offences punishable under Sections 336, 337 and 338 IPC.

(2.) THE prosecution case in brief is that PW-2 Raj Kumar on 11.12.1999 at about 10 A.M. had gone to Chhodur Dhar to graze his cattle. One sheep stuck in the stay wire of the electric pole, so he went there to disengage the said sheep, his hand touched the stay wire and he became unconscious. He was taken to Civil Hospital, Nichar and then to IGMC, Shimla. He remained under treatment in PGI, Chandigarh. On 1.1.2000 PW-1 Durga Singh father of the injured made a complaint Ex.PW-1/A to the police. THE statement Ex.PW-9/A of injured was recorded under Section 154 Cr.P.C. and thereafter FIR Ex.PW-7/B came to be registered. On completion of the investigation, the respondents were challaned for offences punishable under Sections 336, 337 and 338 IPC. THE notice of accusation was put to the respondents, they denied the notice and pleaded not guilty. THE prosecution has examined 11 witnesses. THE respondents were examined under Section 313 Cr.P.C. THEy denied the prosecution case. On conclusion of the trial the learned Chief Judicial Magistrate acquitted the respondents, hence appeal.

(3.) PW-6 Harminder Singh, Junior Engineer has stated that respondents are serving in his Department as T-mate and Line man. It is the duty of Line man to check the line while T-mate helps the Lineman in doing so. He has proved the abstract of attendance register of respondents Ex.PW-6/A and Ex.PW-6/B. He has stated that respondents were posted as Lineman and T-mate in December, 1999. He has not produced duty register but explained that no such duty register is maintained in the office.