STATE OF HIMACHAL PRADESH Vs. SANJAY GULERIA ALIAS SANJU, SON OF SHRI DALIP SINGH, CASTE RAJPUT, RESIDENT OF HAIVE, P.S. LAMBAGAON, TEHSIL PALAMPUR, DISTRICT KANGRA, H.P.

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 01.03.2004, passed by the learned Sessions Judge, Kangra at Dhramshala (H.P.) in Sessions Case No. 22 -P/VII/2002, whereby the respondent, who was charged with and tried for offence punishable under Sections 307, 333, 452 of the Indian Penal Code and under Section 3 of the Damage to Public Property Act, has been acquitted. Case of the prosecution, in a nut -shell, is that Pancham Singh (PW -1) was posted as Helper in HP PWD Rest House, Thural. On 18.01.2002 at 9:30 p.m., he was ironing clothes inside the Rest House at Thural, when accused came with a liquor pouch accompanied by Anup Kumar (PW -4) and one Daijee and asked the complainant for providing glasses for drinking.

(2.) Pancham Singh refused to oblige them and went outside to meet the Manager of the bridge Construction Company. When he came back, he found the furniture of the Rest House broken. The accused was informed by Pancham Chand that he would intimate SDO about the damage. He was slapped by the accused and also inflicted a knife blow in his abdomen. Thereafter, accused and his companions left the Rest House. Pancham Singh cried. On hearing the cries, Bhikam Singh (PW -2) and Conductor Tinku, came inside and took him to the hospital at Thural. He was treated by Dr. Surjeet Raina (PW -13). He issued M.L.C. Ex. PW -13/D. The police was informed by Dr. Surjeet Raina (PW -13) telephonically. Thereafter, F.I.R. Ex. PW -9/A was registered by PW -9, HC Vijay Kumar. The accused was arrested. He made a disclosure statement, which led to the recovery of knife Ex. -P5. The blood stained clothes of the complainant were also taken into possession vide Ex. -P2 to Ex. -P4 vide memo Ex. PW -1/B. The matter was investigated and the challan was put up after completing all the codal formalities.

(3.) WE have heard the Learned Counsel for the parties and gone through the records carefully.