STATE OF HIMACHAL PRADESH Vs. GOVIND RAM

JUDGEMENT

(1.) State has come in appeal against the judgment of the learned Additional Sessions Judge, Mandi in Sessions Trial No. 37 of 2003 whereby respondent, who was charged with and tried for offence punishable under Section 302 of the Indian Penal Code, has been acquitted on 20.12.2004. Case of the prosecution, in a nutshell, is that on 18.6.2003 when complainant PW-1 Krishan Lai was coming back to his house, he met accused at 2/2.30 P.M. He was standing in the Courtyard of Pradhan Mangat Ram. Complainant requested the accused to get him allotted a house under I.R.D.P. Accused started abusing the complainant and the quarrel ensued. In the meantime, deceased Ghuma Ram intervened. He requested the accused not to fight. Thereafter, accused hit Ghuma Ram with stone. Ghuma Ram became unconscious. Thereafter, complainant was also hit with stones by the accused. It is in these circumstances, F.I.R. was registered at the instance of PW-1 Krishan Lai on 19.6.2003. The post-mortem was conducted by Dr. Jiya Lai. He issued M.L.C. Ex. PE after receiving the report of the Medical Officer Ex. PD. Accused, complainant and PW-6 Maghi Devi were examined by PW-10 Dr. Arvind Sethi. The investigation was completed and the challan was put up after completing all the codal formalities.

(2.) The prosecution has examined 15 witnesses in all. Statement of accused under Section 313 was recorded. The case of the accused is of simplicitor denial. He has also examined two witnesses in his defence. The trial Court has acquitted the accused on 20.12.2004. It is in these circumstances, the State has filed the present appeal.

(3.) Mr. R.K. Sharma, learned Senior Additional Advocate General has vehemently argued that the prosecution has proved its case against the accused. According to him, the trial Court has not correctly appreciated the oral as well as documentary evidence.