STATE OF HIMACHAL PRADESH Vs. LEELA RAM

JUDGEMENT

(1.) Present appeal has been filed by the State of Himachal Pradesh against acquittal of respondent vide judgment dated 20.12.2012 passed in Sessions Trial No.4-5/7 of 2012 by learned Additional Sessions Judge, Fast Track Court, Shimla, in case FIR No.67/11 dated 5.4.2011 under Sections 326, 307 of Indian Penal Code registered at Police Station, Dhalli, Shimla.

(2.) The prosecution case is that on 5.4.2011 at about 7.35 A.M., PW-11 HC Dillu Ram had rushed to CHC, Sunni on receiving telephonic information from Medical Officer, CHC Sunni about bringing PW-1 Gopal Krishan for treatment after fight. The said information was recorded in daily diary as rapat No.21 dated 5.4.2011, Police Post, Sunni. PW-11 moved an application for medical examination of PW-1 Gopal Krishan and recorded statement Ex.PW-3/A of PW-3 Bala Nand under Section 154 Cr.P.C. and sent the same with endorsement to Police Station, Dhalli. On the basis of statement of PW-3 Bala Nand FIR Ex.PW-10/D was registered under Sections 323, 506(2) IPC. PW-1 was referred to IGMC, Shimla. After considering treatment summary of PW-1 in IGMC, Shimla, PW-13 Dr. Tarun Shashtri opined that there was pneumoencephalton with fracture of left parietal bone with soft tissue over left parieto occipital region and said injury was grievous in nature and dangerous to life. On the basis of opinion of doctor challan under Sections 326 and 307 IPC was presented in the Court.

(3.) The prosecution case mainly hinges upon testimonies of PW-1 Gopal Krishan injured, PW-2 Sarita Sharma wife of injured, PW-3 Bala Nand a colleague of injured and PW-4 Mohinder Lal a friend of injured.