STATE OF H.P. Vs. DAVINDER KUMAR

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 28/9/2012 passed by learned Additional Sessions Judge-I Kangra at Dharamshala (learned Appellate Court) vide which the judgment of conviction and order of sentence dtd. 29/4/2011 passed by learned Judicial Magistrate First Class, Indora, District Kangra, H.P. (learned Trial Court) were set aside. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Ss. 325, 323, 341, and 506, read with Sec. 34 of the Indian Penal Code (IPC). It was asserted that the informant Neeraj Thakur (PW4) was going to his home on 7/9/2005 at about 6:00 P.M. with Naveen Kumar (PW5) on a motorcycle. When they reached near the informant's house, Satish, Sharma, Devinder Sharma and Ashok Sharma stopped and abused them. They also had a scuffle with the informant. The informant shouted for help. Ajay Pal Singh (PW1) reached the spot. The accused also gave beatings to Ajay Pal Singh. Accused Devender Sharma inflicted a blow on the head of Ajay Pal Singh with the stick. He fell, and the injury started bleeding. The matter was reported to the police by means of a written application (Ext.PW4/A). FIR (Ext.PW6/A) was registered in the Police Station. ASI Bir Singh (PW6) investigated the matter. He filed an application (Ext.PW6/C). Doctor Sandeep Sharma (PW2) examined the injured and found the injuries on his person. He described the injury as potentially grievous. He advised the CT scan, and the report was found to be normal. Hence, the nature of the injury was stated to be simple, which could have been caused by means of a stick. He issued the MLC (Ext.PW2/A). ASI Bir Singh (PW6) visited the spot and prepared the site plan (Ext.PW6/D). Ajay Pal Singh (PW1) produced one shirt (Ext.P1) and one stick (Ext.P2), which were seized vide memo (Ext.PW1/A). The shirt was put in a cloth parcel, and the parcel was sealed with seal 'R'. Seal impression (Ext.PW6/E) was taken on a separate piece of cloth. The statements of witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the learned Trial Court.

(3.) Learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, they were charged with the commission of offences punishable under Ss. 341, 323, 325 and 506 read with Sec. 34 of the IPC, to which the accused pleaded not guilty and claimed to be tried.