STATE OF HIMACHAL PRADESH Vs. DHARAM CHAND

JUDGEMENT

(1.) RESPONDENTS faced trial for the offences punishable under Sections 307, 324 read with Section 34 of IPC, and were acquitted, by the learned trial Court, on the ground that the injury in question could not be connected having been caused by the Respondents. The State felt aggrieved, hence the present appeal.

(2.) PRECISELY , the case of the prosecution is that on 11.6.1997 at about 9.15 PM, Rachna Devi, injured, visited Police station and made a complaint that around 6 PM she had gone to the fields to cut the grass and noticed that the cattle of the Respondents were destroying the crop in her fields. She goaded them out of her land and brought in the road. On this, the Respondents Dharam Chand and Kesri Devi felt offended and gave beatings with Danda and fisticuffed her. They were later joined by Respondents Piar Chand and Shakuntala Devi. They pushed her, with the result she fell down. Thereafter, Dharam Chand, Respondent, gave a blow of stone Ex P -1 on her head, which caused a bleeding injury. She raised hue and cry by which Giano and P.W. 5 Sheela got attracted and rescued the injured/complainant.

(3.) IT is pertinent to note that on the medical examination of Smt. Rachna Devi, conducted by (P. W. 1) Dr. Harjinder Singh, on the same day around 10.45 PM, he noticed the following injuries: