STATE OF H P Vs. NASIB SINGH

JUDGEMENT

(1.) This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Sessions Judge, Kangra, dated 14.11.2002, vide which he accepted the appeal filed by the respondent against his conviction and acquitted the respondent of the charge framed against him under Section 326 I.P.C.

(2.) Briefly stated, the facts of the case are that on 6.8.1996, at 9.35 P.M., a statement under Section 154 Cr.P.C. was made to the police by one Mohinder Singh alleging that he runs a shop in the bazaar. At about 8.00 P.M., he had gone to urinate and when he came back, he saw Nasib Singh respondent on his scooter, which was parked in front of his shop. The said Nasib Singh called him and he went near him and the respondent gave a blow with a sharp edged weapon. He raised an alarm and Kewal Singh and Bihari Lal came there and the respondent ran away. It was alleged that the occurrence was witnessed by both the witnesses. It was also alleged that Nasib Singh had a grievance again him since he has lost the election and as such, he has been inflicted injuries on the head, left arm and other parts of his body. On this report, a case was registered and after investigation, the challan was filed before the learned Judicial Magistrate Ist Class, Dharamshala under Section 326 I.PC. The respondent was tried by the learned Judicial Magistrate Ist Class, leading to his conviction under Section 326 I.P.C. for a term of two years rigorous imprisonment and fine of 2000/-. In default, the respondent was to undergo simple imprisonment for two months.

(3.) On appeal, the said conviction was set aside by the learned Sessions Judge, vide his impugned judgment and the respondent was acquitted of the charge framed against him.