STATE OF HIMACHAL PRADESH Vs. DAWA CHHERING

JUDGEMENT

(1.) By way of present appeal, the State has challenged the judgment passed by the Court of learned Additional Sessions Judge, Kinnaur at Rampur in Sessions Trial No. 11 - AR/7 of 2005/2010 dated 28.3.2011, vide which the learned Trial Court has acquitted the accused for offences punishable under Sections 323, 325 and 307 of Indian Penal Code (in short 'IPC').

(2.) The case of the prosecution in brief was that on 28.10.2004 at around 4:00 p.m., complainant Narinder Singh went to 'Gharat' to procure medicine for cough and cold. After purchasing the said medicines, he purchased chicken for his family members and delivered the same at his house. He came back to Gharat to watch pool game. At around 8:30 p.m., he purchased a bottle of liquor and thereafter went towards 'Kathani' to drop Biru at his house along with Darshan Negi and Dawa (hereinafter to be referred as 'accused'). While they were consuming liquor, an altercation took place between accused and the complainant. Thereafter they proceeded further but accused concealed himself somewhere above the road. Biru was dropped at his house by complainant and thereafter he came back alone towards his house via Gharat and while complainant was urinating on the left side of the road, accused suddenly attacked him with 'danda' and inflicted blows on the right side of his face, as a result of which, he lost his five teeth. The accused thereafter again inflicted blows on the eyes of the complainant, as a result of which, he became unconscious. At around 11:00 p.m., complainant regained consciousness and thereafter he (complainant) went to his house where he narrated the entire episode to his wife. His wife sent one Nepali labour to inform Mangal Singh about the same who gave information to the police on telephone. Complainant was brought to Sarahan Hospital in the morning and on the basis of his statement, FIR No.131/2004 was registered under Sections 307, 325 and 323 IPC. After completion of investigation, challan was put up by the police against the accused under the above mentioned Sections and as a prima -facie case was found against the accused, accordingly, he was charged for commission of offences punishable under Sections 307, 325 and 323 IPC to which accused pleaded not guilty and claimed trial.

(3.) The learned Trial Court came to the conclusion that the accused had no strong motive to attack and give beatings to the complainant and on the basis of material produced on record by the prosecution it could not be held beyond reasonable doubt that it was none else but the accused who attacked and gave beatings to the complainant causing simple and grievous injuries on his person. Accordingly, the learned Trial Court acquitted the accused by holding that the prosecution had not been able to bring home the guilt of the accused beyond reasonable doubt.