STATE OF H.P. Vs. BIPAN KUMAR

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 30th April, 2004, passed by the learned Judicial Magistrate Ist Class, Kangra in Criminal Case No. 115 -II/99 acquitting the Respondent under Section 325 IPC.

(2.) THE prosecution case, in brief, is that on 26.5.1998 at about 6.45 pm at village Kot Kawala, the Respondent attacked PW -3 Roop Lal complainant with darat as a result of which the complainant received injuries on right side of the head, right shoulder. The Respondent gave blow on the mouth of the complainant as a result of which four teeth were broken. On hearing the cries of the complainant, PW -2 Smt. Geeta Devi and one Kashmir Singh came to the spot and save the complainant. The report was lodged with the police and FIR Ext. PW -8/B came to be registered on the basis of rapat Ext.PW -6/A. Darat Ext.P -1 was recovered during investigation. The complainant was got medically examined.

(3.) I have heard learned Counsel for the parties and have also gone through the record. The complainant Roop Lal has appeared as PW -3 and has stated that the Respondent attacked him with darat on the right arm and gave blow on his head. He has also stated that the Respondent gave blow on his mouth as a result of which his four teeth were broken. He raised cries and for help his wife PW -2 Geeta Devi and one old man came to the spot. He has stated that his teeth were taken into possession in presence of Sher Singh and Kashmir Singh. He has also stated that his wife came on the spot 10 minutes later. Police took into possession darat on 27th May, 1998.