STATE OF H.P. Vs. KARAM SINGH

JUDGEMENT

(1.) This appeal has been filed by the State of Himachal Pradesh (hereafter referred to as the appellant) whereby the impugned judgment passed by the learned Additional Chief Magistrate, Ghumarwin, District Bilaspur, H.P., in case No. 7/1 of 1998, decided on 30.7.1999, has been challenged. The learned Additional Chief Judicial Magistrate has acquitted respondent No.1, Karam Singh and respondent No.2 Sheela Devi (hereafter referred to as the respondents) of charges under Sections 325, 506 read with Section 34 of the Indian Penal Code.

(2.) Briefly stated, the case of the prosecution is that on 7.12.1997 at about 61 p.m., the respondents caused grievous hurt to complainant Ram Singh after forming common intention. It is alleged that the respondents also threatened the complainant with dire consequences. The matter was reported to the police vide Rapat Ex. PW -7/A, on the basis of which FIR Ex. PW -8/A was registered against the respondents. During the investigation, the police visited the spot and prepared site plan Ex. PW -10/A. The alleged incriminating article that is stick, was taken into possession by the police vide Memo Ex. PW -1/B. The complainant was medically examined vide MLC Ex. PW -5/A and X -Ray was also conducted, which is Ex. PW -5/A and Ex/ PW -6/A. The Inquiry, fracture of nasal bone, was opined to be grievous in nature. On completion of the investigation, the challan against the respondents was filed in the trial Court and the respondents were charged under Sections 325, 506 read with Section 34 of the Indian Penal Code to which they pleaded not guilty and claimed to be tried. The prosecution has examined 10 witnesses in support of its case. In their statements under Section 313 of the Code of Criminal Procedure, the respondents pleaded their innocence. However, no defence evidence has been led by the respondents.

(3.) I have heard Mr. Som Dutt Vasudeva, learned Additional Advocate General for the appellate -State and Mr. Bhupender Pathania, learned counsel for the respondents and have also gone through the material on record.