STATE OF HIMACHAL PRADESH Vs. RAKESH KUMAR

JUDGEMENT

(1.) THE instant appeal, is, directed by the State, against the impugned judgment, rendered on 16.1.2008, by the learned Sessions Judge, Bilaspur, in, Sessions trial No. 32 of 2004, whereby, the learned trial Court acquitted the accused/respondents for theirs having committed offence punishable under Sections 307, 325, 323, 365 read with Section 34 IPC.

(2.) BRIEF facts of the case, are, that, in the year 2002, the complainant was the second driver on truck No. HPU -1505, of which, one Shri Baldev Singh was the first driver. On 26.3.2002 the complainant had brought bricks for the construction of his house, which he unloaded at about 4.00 p.m. near his house. Thereafter he took the truck, in order to bring sand from Galamor (Beri) situated near his house. In the truck, Baldev Singh, his father and brother Dev Raj were also sitting. When the truck was fully loaded with sand, a jeep bearing registration Number HP -24 -A 762, came there at about 9.00 p.m. and its occupants asked the complainant through Baldev Singh to come to them. Upon this, the complainant went to the jeep, where he was forcibly dragged in it, by the accused persons. Thereafter the accused persons asked the jeep driver to drive it, and after some distance, the accused asked the complainant as to why he remains with one Shri Virender and started beating him with fist and leg blows. Accused Ranjit Singh has shown to him a knife and threatened him that he would be killed. The owner of the Jeep, Girdhari Lal was also occupying the front seat of the jeep. The accused threw the complainant from the moving jeep near the house of one Shri Kanshi Ram, as a result of which, his left leg got fractured and he also sustained injuries on right foot. Thereafter the accused persons again came to the place where the complainant had been thrown and gave him beatings with fist and leg blows. On raising the alarm by the complainant, accused ran away. The complainant by dragging himself reached the courtyard of one Shri Kanshi Ram. In the meantime, his father and Devi Ram also reached there and took him to the Zonal Hospital Bilaspur. Zonal Hospital Bilaspur intimated the police Station, Sadar of the complainant having admitted in hospital in an injured condition. On receipt of intimation, ASI Krishan Chand alongwith HHC Om Prakash rushed to the hospital and recorded the statement of complainant under Section 154 Cr.P.C. During the Course of investigation, site plan of the occurrence was prepared and jeep was taken into possession. Blood stained pant of the complainant was also taken into possession besides a knife, which had been produced by accused Ranjit Singh, after getting its sketch prepared. On conclusion of the investigation, into the offences, allegedly committed by the accused, final report under Section 173 of the Code of Criminal Procedure was prepared and presented in the Court.

(3.) IN order to prove its case, the prosecution examined 10 witnesses. On closure of prosecution evidence, the statements of accused, under Section 313 of the Code of Criminal Procedure, were recorded, in, which they pleaded innocence and claimed false implication. They did not choose to lead evidence in defence.