STATE OF HIMACHAL PRADESH Vs. LAL CHAND

JUDGEMENT

(1.) The present appeal is maintained by the appellant/State of Himachal Pradesh, under Sec. 378 of the Code of Criminal Procedure, assailing the judgment of acquittal, dated 31.03.2008, passed by the learned Sessions Judge, Kullu, H.P. in Cr. Appeal No. 18/2006, whereby the judgment of the conviction, dated 01.06.2006, passed by the Judicial Magistrate 1st Class, Manali, District Kullu, H.P., in Cr. Case No. 263- 1/2004/9-II/2005, was set aside.

(2.) Briefly stating the facts, as per the prosecution story, giving rise to the present appeal are that on 04.11.2004, Devta Hari Narayan was brought to the village Neri (Pichlidhar) for the darshan of the public,. After taking dinner the people of the village left for their houses, but the complainant Raju along with Gian Chand, Kali Ram, Lalu and Lal Chand remained there. At about 10.00 p.m. when the complainant and other persons were sitting around the fire, the accused came their and threw complainant Raju into the fire and voluntarily caused hurt to him, when the complainant came out of the fire the accused again pushed him from the danga. Consequently the complainant sustained injuries on his body. On the next morning, i.e., 05.11.2004, the complainant was got admitted in Zonal Hospital, Kullu for medical treatment, message in this regard was received in the Police Station, Manali, on the basis of which Rapat Ex. PW-5/A, was recorded. After recording the Rapat, Police party rushed to the Zonal Hospital, Kullu, where statement of the complainant, under Sec. 154 of Cr.PC, Ex. PW-1/A, was recorded, on the basis of which, FIR Ex. PW-6/C, was registered against the accused. HC, Khem Chand, visited the spot and prepared spot map, Ex. PW-6/A, took into possession Jacket of the complainant, Ex. P-1, vide seizure memo, Ex. PW-2/A, and obtained MLR, Ex. PW-4/A, he also recorded the statements of witnesses under Sec. 161 of Cr.PC.

(3.) The prosecution, in order to prove its case, has examined as many as seven witnesses. Statement of accused was recorded under Sec. 313 Cr.P.C, wherein accused denied the prosecution case and claimed innocence. No defence evidence was led by the accused.