STATE OF HIMACHAL PRADESH Vs. KRISHAN CHAND

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 25.4.2000, whereby the learned Additional Chief Judicial Magistrate, Kangra, acquitted the accused of having committed offence punishable under Section 326 IPC.

(2.) THE prosecution story in brief is that the complainant Sohan Lal lodged an FIR Ext.PW -9/A in the police to the effect that he and accused are neighbours. Their land adjoins each other. On 24th September, 1995, at about 10.00 a.m., when the complainant Sohan Lal was grazing his cattle in the field, accused Krishan Chand came and asked him as to why he (Sohan Lal) had uprooted the fence of the complainant. Thereafter, the accused started abusing him and suddenly snatched the Sotha (stick) being carried by the complainant and started beating the complainant with the said stick. One blow of the stick was given on the head of the complainant and other blows on his legs. Thereafter, the accused inflicted a blow of drat on the complainant. The complainant raised an alarm and on hearing his cries, a large number of people gathered at the spot and on seeing them, the accused fled from the scene of occurrence.

(3.) THE accused has been acquitted on three grounds. Firstly, that the complainant himself has resiled from his statement made under Section 154 Cr.P.C. and has given a totally different version about the incident. Secondly, that the independent witness Gian Singh was not examined and lastly, that the only witness examined, namely, Amar Singh, is the son of the complainant and his testimony cannot be relied upon because his name did not find mention in the first information given to the police.