STATE OF HIMACHAL PRADESH Vs. DINESH KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 30.8.2008, passed by learned Sessions Judge, Chamba Division Chamba, H.P., in Sessions Trial No. 57/2007, titled as State of Himachal Pradesh v. Dinesh Kumar @ Guddu & another, whereby respondents -accused stand acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 25.5.2006 complainant Sh. Bishan Singh (PW -1) who was working as Senior Foreman, National Hydroelectric Power Corporation, Chamera -III Project, Dharbala was assaulted by the accused persons. He was given blow with a stone and a belcha - "pick up axe" (as recorded in his testimony). As a result of beatings so given, he sustained injuries and lost his tooth. The matter was reported to the police on the basis of which F.I.R. No. 27/2006, dated 25.5.2006 (Ext. PW -1/A) was registered at Police Station Bharmour, Distt. Chamba, under the provisions of Sections 353, 332 both read with Section 34 of the Indian Penal Code, against the accused. Complainant was got medically examined from Dr. Kuldeep Singh (PW -2) who issued MLC (Ext. PW -2/B). ASI -Anup Kumar (PW -6) conducted the investigation and with the completion of same, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined seven witnesses and statements of the accused under Section 313 Cr.P.C. were also recorded, in which they took plea of innocence and false implication. No evidence in defence was led by the accused.