STATE OF HIMACHAL PRADESH Vs. SALPUR

JUDGEMENT

(1.) The case of the prosecution, based upon the investigation conducted and as testified by PW-10, investigator HC Kewal Ram is as follows:

(2.) The investigator conducted the investigation and prepared a spot map Ex.PW-10/A. He also took photographs of the spot on official camera, which were tendered in evidence Ex.PA-1 to PA-3. The investigator also seized the shirt worn by Mukesh PW-2. The investigator noticed that blood had oozed out from his mouth, which was cleaned by a white coloured cloth. Such cloth was also taken into possession and later on tendered in evidence as Ex.PX. The investigator also procured Medico-Legal Certificate Ex.PW-8/A, X-ray Ex.PW-8/B and opinion of the dentist Ex.PW-9/A. After completion of the investigation, Shri Ram Fal Yadav, approved the challan and launched prosecution against the accused Salpur.

(3.) Vide order dtd. 30/7/2009, learned Judicial Magistrate 2nd Class, Court No.2, Rohru, District Shimla framed charge against the accused for commission of offences under Sec. 341, 323, 325 IPC. The accused did not plead guilty and claimed trial.