STATE OF HP Vs. RAMESH CHAND ALIAS MAHATMA

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 14.6.1999, accused was put to trial. In terms of judgment dated 17.3.2005, passed by Addl. Sessions Judge Fast Track Court, Shimla, H.P., in Sessions trial No. 5-S/7 of 2004/02 titled as State of H.P. Vs. Ramesh Chand, accused stands acquitted of the charged offence.

(2.) IT is the case of prosecution that on 14.6.1999 at about 9.45 p.m., ASI Mohan Singh (PW-2) and Constable Ram Kishan (PW- 3) were on patrol duty at Premghat. When they reached near IPH office, they saw a Maruti Car belonging to Anil Kumar parked on the road. Another Maruti Car No. HR-08B-0078 belonging to accused Ramesh Chand was parked behind the said Car. Occupants of the Car i.e. Sanju, Jandev and Ramesh were quarrelling with each other in the presence of several persons standing on the spot. When Mohan Singh (PW-2) tried to pacify the matter in the presence of Bal Krishan (PW- 10), accused Ramesh Chand proceeded towards his Car and started the same by sitting inside. Thereafter, he drove the Car to a place where Mohan Singh and Ram Kishan were standing, as a result of which they were hit and fell on the ground and sustained injuries. Thereafter, accused managed to flee away from the spot. Mohan Singh and Ram Kishan were taken to Hospital at Theog, where they were medically examined by Dr. Laxmi Nand (PW-1) and further referred for further examination by a Radiologist. During investigation, MLC (Ext.PW-1/D) was issued, which showed that injuries sustained by Mohan Singh were grievous and simple in nature, caused with a blunt weapon. Constable Ram Kishan (PW-3) was also examined by the said Doctor and after obtaining report of x-ray examination, the Doctor issued MLC (Ext.PW-1/A). The injured lodged FIR No. 20/1999 (Ext.PW-12/A) dated 14.6.1999 under Sections 353 and 307, IPC at Police Station Theog. Investigation was conducted by Inspector Gurdial Singh (PW-12) who found the Car in question abandoned at a place known as Bakhelti, which was recovered vide recovery memo (Ext.PW-11/A). Accused was arrested by PW-12. The vehicle was got mechanically examined from ASI Vidya Sagar (PW-5) who issued report (Ext.PW-5/A). Investigation revealed that 10 cases of criminal nature stood registered against the accused in different police stations. With the completion of investigation of the instant case, challan was presented in the Court for trial.

(3.) IN order to prove its case, prosecution examined as many as 12 witnesses and statement of the accused under Section 313 Cr.P.C. was also recorded in which he took the plea of false implication.