STATE OF HIMACHAL PRADESH Vs. RAJINDER SINGH

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 26th January, 1999, accused persons were put to trial. In terms of judgment dated 31st May, 2005, passed by learned Chief Judicial Magistrate, Kinnaur at Rekong Peo, in Criminal Case No. 134 -2 of 1999, titled as State of Himachal Pradesh versus Rajinder Singh and others, accused persons stand acquitted of the charged offences. It is the case of the prosecution that Shri Pawan Kumar (PW -1) was working in the Canteen run by Shri Rajiv Mahajan (PW -5) at Bhaba Nagar. On 26th January, 1999 at about 8.15 p.m., while Shri Pawan Kumar was having dinner in the house alongwith Shri Rajiv Mahan and Shri Trilok Singh, accused persons came and gave beatings. Accused Shri Rajinder Singh gave a blow with a "danda" (Ex. P -1) to Shri Pawan Kumar. One amongst the assailants gave a blow with a sharp -edged weapon on the head of Shri Trilok Singh, who sustained injuries in his eye. Local persons gathered at the spot and rescued the injured from the assailants. Shri Pawan Kumar lodged report (Ex. PW -3/A) with the police on 26th January, 1999. Injured Shri Trilok Singh was medically examined alongwith the complainant at Project Hospital at Bhabanagar. Dr. B.S. Negi (PW -2) issued MLC (Ex. PW -2/A) with respect to Shri Pawan Kumar and MLC (Ex. PW -2/B) with respect to Shri Trilok Singh. Since Shri Trilok Singh sustained injuries, which were grievous, he was further referred for further treatment to a specialist at the hospital at Rampur Bhshahr, where Dr. Rajan Bisht (PW -8), after examining the injured, issued MLC (Ex. PW -8/A). Police formally registered FIR No. 24 of 1999, dated 17th April, 1999 (Ex. PW -6/A) at Police Station Bhabanagar. Shri Gian Chand (PW -6) and Shri Chhering Dorje (PW -7) investigated the matter. Weapon of offence was recovered from the spot; statements of the witnesses were recorded; necessary investigation was completed; and challan was presented in the Court for trial.

(2.) ACCUSED persons were charged for having committed offences punishable under Sections 147, 451, 326 and 323, all read with Section 149 of the Indian Penal Code, to which they pleaded not guilty and claimed trial.

(3.) APPRECIATING the evidence adduced on record, Court below acquitted the accused persons of the charged offences. Hence, the present appeal.