STATE OF H. P. Vs. PARAS RAM

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 18.3.2000 passed by the Judicial Magistrate Ist Class (II), Dharamshala, Distt. Kangra, in Criminal Case No. RBT 20- II/99/97, titled as State v. Paras Ram, acquitting the accused of the charged offence u/s 324 of the Indian Penal Code.

(2.) AS per the case of the prosecution, on 11.7.1999 the accused gave a blow at the back of the head of his brother, complainant Shri Jagdish Chand, with a darat ( sharp edged weapon like a sickle) thus injuring him. Smt. Sheela Devi (PW-2) wife of Shri Purshotam, sister-in-law of both the accused and the 1 Whether reporters of Local Papers may be allowed to see the judgment? complainant intervened and rescued the complainant and also took the darat from the accused. Statement of the complainant u/s 154 Cr.PC (Ext.PW-1/A) was recorded on the basis of which FIR No. 216/97 dated 12.7.1997 u/s 324 & 323 IPC (Ext.PW- 7/F) was registered with Police Station, Dharamshala. Investigation was carried out by SI Dilay Ram (PW-7) who got the site plan (Ext.PW-7/A) prepared. Vide seizure memo Ext.PW- 1/A, the darat Ext.P-1 and Banyan Ext.PW2 were seized. Shri Jagdish Chand (PW-1) was got medically examined at Zonal Hospital, Dharamshala and his MLC Ext.PW-3/A was also collected by the Investigating Officer. Statements of the witnesses u/s 161 Cr.PC were recorded and after completion of the investigation, the challan was presented in the Court for trial.

(3.) AFTER examining the evidence and also the material on record, the Court acquitted the accused of the charged offence on the ground that the prosecution failed to prove its case; there were contradictions in the statements of the witnesses and no independent witness was associated with the investigation or examined during trial.