STATE OF H.P Vs. NARENDER KUMAR

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 17/6/2011 vide which the respondents (accused before the Trial Court) were acquitted of the commission of offences punishable under Ss. 341, 323, and 325 read with Sec. 34 of the IPC. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the Police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Ss. 341, 323, and 325 read with 34 of the IPC. It was asserted that the informant-Raju Ram (PW- 1) and Vijay Kumar (PW-2) were returning to their home on 26/10/2008. When they reached Kuswar Floor Mill, accused Sunny Kumar and Narender Kumar came from the opposite side. The accused stopped the informant and Vijay Kumar and asked Vijay Kumar to switch off the torch. Vijay Kumar switched off the torch. The accused caught hold of the neck and arm of the informant Raju Ram and gave him kicks and fist blows. The accused dragged the informant towards the field, where he was beaten. Vijay Kumar shouted for help, on which Prithi Chand (PW-3) reached the spot. Prithi Chand and Vijay Kumar rescued the informant from the accused. Three teeth of the informant were broken and the informant sustained injuries on his chest, face and back. The matter was reported to the Police, on which FIR (Ext. PW-1/A) was registered. An application was filed for the medical examination of the informant. Dr.Kamal (PW-5) conducted the medical examination and he found the tooth of the informant missing. Pain and tenderness on the lower chest right side was also reported by the informant. Dr. Kamal issued MLC (Ext.PW-5/A). The informant was referred to the Dental Surgeon for expert opinion. Dr. Kamaljit Singh (PW-6) conducted the dental examination of the informant and found a fractured socket corresponding to the missing tooth. The nature of the injury was grievous, which could have been caused within 12 to 24 hours. HC Manohar Lal (PW-8) conducted the investigation. He visited the spot and prepared the site plan (Ext. PW-8/A). He recorded the statements of witnesses as per their version. After the completion of the investigation, the challan was prepared and presented before the Court.

(3.) The accused were charged with the commission of offences punishable under Ss. 341, 323 and 325 read with Sec. 34 of IPC. They pleaded not guilty and claimed to be tried.