STATE OF HIMACHAL PRADESH Vs. RAJPAL SINGH

JUDGEMENT

(1.) The present appeal is maintained by the appellant-State of Himachal Pradesh against the judgment of acquittal of the accused in a case under Sec. 325 of the Indian Penal Code passed by the learned Judicial Magistrate 1st Class, Court No.III, Hamirpur, District Hamirpur, H.P, dated 1.3.2008, in Criminal Case No.19-II of 2006.

(2.) Briefly stating the facts giving rise to the present appeal are that on 22.12.2005, complainant Khem Chand made a statement under Sec. 154 Cr.P.C to HC Pardeep Kumar, vide report No.14 of Roznamcha, wherein he stated that he is a transporter and has also contested election for Pardhan, but he was defeated. On 20.12.2005 at about 5:00 pm, when the complainant was in his house, children told him that Sunil Kumar, Hem Raj and Sarup are quarrelling. Complainant went to the spot to separate them. Accused was also there and when he tried to save Sunil Kumar, accused pushed Sunil Kumar and the complainant due to which he fell down on the ground whereas Sunil Kumar fell on the stairs of the house of Sarup. The occurrence has been witnessed by Parven Kumar. When he was taken to hospital at Tauni Devi, the complainant told that he fell down from the 'danga'. He came to know through newspaper that Suresha Kumari, reported the matter to the police against him, on which he had also lodged the report. After completion of the investigation the challan was presented in the Court.

(3.) The prosecution, in order to prove its case, examined as many as 07 witnesses. Statement of the accused was recorded under Sec. 313 Cr.P.C, wherein the accused denied the prosecution case and claimed innocence. No defence evidence was led by the accused.