STATE OF HIMACHAL PRADESH Vs. VINAY KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 2/3 -05 -2001 accused was put to trial. In terms of judgment dated 8.9.2004, passed by the ld. Chief Judicial Magistrate, Sirmaur Distt. at Nahan, H.P. in Cr. Case No. 111/2 of 2002,, titled as State of H.P. versus Vinay Kumar, accused stands acquitted of the charged offences. It is the case of prosecution that on 2.5.2001, complainant Sh. Balbir Singh (PW -1) resident of village Kanheri, who was working as a mason, had gone to attend wedding of his cousin in a different village. On his way back, while he was crossing the bridge at Balsar, accused Vinay Kumar along with two other persons restrained him from proceeding towards his village. He was also given beatings by them. Accused Vinay Kumar gave a blow with a knife on his leg as a result of which he fell down. Accused also gave beatings with a danda and stones. They also robbed him of Rs. 1000/ - and a ladies wrist watch. After he received injuries he became unconscious and kept on lying on the spot. Next morning, i.e. 3.5.2001 at about 7 - 7.30 a.m. his mother Smt. Tulsan Devi (PW -6) found him lying in an unconscious position. She loudly shouted for help. Complainant gained consciousness and asked her to save his life. She immediately went home and informed her other sons namely Sh. Lekh Raj, Sh. Ram Swarup and Sh. Ved Prakash who also arrived at the spot. Police was informed about the incident. Police officials, Sh. Raghubir Singh (PW -7) and Sh. Ranbir Singh (PW -3) were associated but investigation was conducted only by PW -7. F.I.R. No. 79 of 2001 (Ext. PW 4/A), dated 3.5.2001, under Sections 341, 323, 356/34 IPC was registered at Police Station, Nahan on the basis of statement (Ext. PW 1/A) of the complainant recorded under Section 154 Cr.P.C. During investigation, complainant was got medically examined from Dr. Manoj Kapoor (PW -8) who issued Medico Legal Certificate (Ext. PW 8/B & 8/B -1). His clothes were taken into possession vide recovery memo (Ext. PW 5/A). Police prepared rough sketch plan of the spot (Ext. PW 7/A). They also recovered currency notes vide memo (Ext. PW 3/A), ladies wrist watch vide memo (Ext. PW 1/B) and knife vide memo (Ext. PW 1/C). Statements of relevant witnesses were recorded. With the completion of investigation challan was presented in the Court for trial.

(2.) ACCUSED was charged for having committed offences punishable under Sections 341, 323, 326 and 356 IPC to which he did not plead guilty and claimed trial.

(3.) COURT below acquitted the accused of the charged offences, hence the present appeal.