STATE OF HIMACHAL PRADESH Vs. RAMESH CHAND SHARMA

JUDGEMENT

(1.) The accused suffered conviction by the learned trial Court for his committing offences constituted under Sections 336 and 337 of the Indian Penal Code, in consonance therewith he stood sentenced by the learned trial Court. Standing aggrieved by the judgment of the learned trial Court, whereby the latter Court convicted and sentenced the accused/convict, the accused preferred an appeal thereform before the learned Sessions Judge, Shimla. The learned Sessions Judge, Shimla accepted the appeal preferred before him by the convict/accused. The State of Himachal Pradesh is aggrieved by the judgment of the learned Sessions Judge, Shimla, whereby it reversed the findings of conviction and consequent sentence recorded against the accused by the learned trial Court.

(2.) The prosecution story, in brief is that Krishan Dutt filed an application Ext.PW-5/A to Police Chowki, Dhami that on 11.10.2004, Ramesh Kumar S/o Daya Ram inflicted injury on the eye of Harish Kumar with ball and he is under treatment at IGMC, Shimla. On the basis of this application, rapat No.11 of 12.10.2004 was registered and HC Padam Dev went to IGMC, Shimla and recorded the statement of Hari Nand Sharma Ext.PW-4/A and on the basis of his statement the case FIR Ext.PW-6/A was registered against the accused. During the course of investigation, I.O. prepared the spot map Ext.PW-7/A and took into possession one bat and ball Exts.P.1 and P-2 vide recovery memo Ext.PW-5/B. The injured Harish Kumar was medically examined and obtained his case summary Ext.PW-10/A and Ext.PW-10/B on the record. Thereafter the statements of witnesses under Section 161 Cr.P.C. were recorded.

(3.) On completion of investigations into the offence allegedly committed by the accused a report under Section 173 Cr.P.C. stood prepared and filed in the competent Court.