STATE OF HIMACHAL PRADESH Vs. CHANDERBHAN

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 23/12/2013 passed by learned Judicial Magistrate, First Class, Baijnath, Distt. Kangra, HP (learned Trial Court) vide which, the respondents (accused before the learned Trial Court) were acquitted of the commission of offences punishable under Ss. 323 and 325 read with Sec. 34 of the Indian Penal Code (IPC) 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 against the accused before the learned Trial Court for the commission of offences punishable under Ss. 323 and 325, read with of Sec. 34 of the IPC. It was asserted that the informant, Radha Krishan (PW-4), was present in his home on rt 7/9/2011. The accused Mani Ram and Chanderbhan came to his house at about 8:00 pm and started abusing him without any reason. The informant enquired from the accused the reason for the abuse. The accused, Mani Ram and Chanderbhan, gave him beatings with fist and a stick. The informant and Inderjeet Singh (PW-5) sustained injuries in the incident. The matter was reported to the police, and an entry (Ex.PW4/A) was recorded in the daily diary. An application (Ex.PW8/A) was filed for the medical examination of the injured. Dr Ashwani Sharma (PW-1) examined Inderjeet and found that he had sustained simple injuries, which could have been caused within 4 to 6 hours of examination. He issued the MLC (Ex. PW1/A). Dr Ashwani Sharma (PW-1) also examined the informant, Radha Krishan, and found that he had sustained multiple injuries. He referred the informant to a dental surgeon for expert opinion. Dr Sukriti Awasthi (PW-3) examined the informant and found that he had suffered a fracture of the tooth. She issued the report (Ex. PW3/A). Dr Ashwani Sharma (PW-1) issued the final opinion (Ex. PW1/B) stating that the injuries were of grievous and could have been caused within 4 to 6 hours of the examination. An FIR (Ex.PA) was registered. ASI Prithi rt Singh (PW-9) investigated the matter. He visited the spot and prepared a site plan (Ex. PW9/A). He recorded the statements of the witnesses as per their version. After the completion of the investigation, the challan was prepared and presented before the Court.

(3.) Learned Trial Court found sufficient reasons to frame charges against the accused for the commission of offences punishable under Ss. 323 and 325, read with Sec. 34 of the IPC, to which they pleaded not guilty and claimed to be tried.