STATE OF HIMACHAL PRADESH Vs. USHA RANI

JUDGEMENT

(1.) State has come in appeal against the judgment of learned Sessions Judge, Mandi rendered in Whether reporters of the local papers may be allowed to see the judgment? No. Sessions Trial No.19 of 2001, dated 8.11.2004 whereby the respondents-accused, who were charged with and tried for the offence under Sections 307, 324 and 323 read with Section 34 of the Indian Penal Code, have been acquitted.

(2.) The case of the prosecution, in a nutshell, is that on 9.7.2000 at 8 p.m. at village Pargi, Hans Raj and Mohinder Kumar were going near the house of the accused. Accused, Khem Chand started pelting stones on them. They made inquiries as to who was pelting stones on them. Thereafter the accused came to the path having drat and toka with them. They gave blows of the same on Mohinder Kumar and Hans Raj. Resultantly, Mohinder Kumar fell down. Thereafter Hans Raj and Mohinder Kumar raised alarm upon which their brother Lalit Kumar also reached there. At that time accused Usha Rani inflicted a toka blow on the leg of Lalit Kumar and Khem Chand inflicted drat blow on the head of Lalit Kumar. Thereafter all the injured persons raised hue and cry and the accused ran away. The injured were taken to hospital. FIR was registered on the statement of Hans Raj. The police conducted the investigation and took into possession drat and toka. The injured were got medically examined. The police after completing all the codal formalities put-up the challan before the Court. The prosecution examined as many as 14 witnesses to prove the case. Statements of accused were also recorded under Section 313 of the Code of Criminal Procedure. They have denied the case of the prosecution and have pleaded that in fact the injured Lalit Kumar, Mohinder Kumar and Hans Raj had attacked them and in the ensuing scuffle grievous as well as simple injuries were caused on their persons. The learned trial Court acquitted the respondents vide judgment dated 8.11.2004. Hence, this appeal.

(3.) Mr. R.K. Sharma, learned Senior Additional Advocate General has strenuously argued that the prosecution has proved its case against the accused persons.