STATE OF HIMACHAL PRADESH Vs. SAURABH ALIAS MINU

JUDGEMENT

(1.) THE State appellant is feeling aggrieved and dissatisfied by the judgment of acquittal passed by the learned Sessions Judge, Mandi, in Criminal Appeal No.20/1998, decided on 22.9.1999, whereby the conviction and sentence passed by the learned trial Court under Sections 451, 323 and 324 of the Indian Penal Code was set-aside. The leave to appeal was granted on 6.4.2000 by this court and now the matter has been finally heard.

(2.) SHRI V.K. Verma, learned Additional Advocate General for the State has vehemently argued that the impugned judgment of acquittal passed by the first appellate Court is unsustainable, because the learned court below has given its findings on conjectures and surmises thus arrived at a wrong conclusion without appreciating the evidence on record in the right perspective. On the other hand, Shri Shrawan Dogra, learned counsel assisted by Mr. Vikram Thakur, learned counsel for the respondent, has supported the impugned judgment as legally and factually sustainable.

(3.) ACCORDING to the case of the prosecution, on 31st December, 1994 Shesh Ram (PW2) was at his home. At about 1.00 p.m., the respondent-son of the landlord asked Shesh Ram to vacate the premises, to which, he (Shesh Ram) replied that he would vacate the tenanted premises on getting the alternate accommodation. On hearing this, the respondent is alleged to have got excited and entered the room of the complainant, gave him 5/6 blows with a knife on his left hand. Complainant Shesh Ram raised alarm, by which a lady got attracted and on seeing her, the respondent fled away from the spot. Thereafter Shesh Ram was taken to the hospital and a statement Ext.PW2/A was recorded under Section 154 of the Code of Criminal Procedure, on the basis of which formal FIR Ext.PW5/A was lodged. Police visited the spot, prepared site plan Ext.PW7/A, took into possession blood stained clothes of the complainant Shesh Ram, vide memo Ext.PW2/B and Choori (knife) vide memo Ext.PW7/B. Medico Legal Certificate of complainant is Ext.PW8/A. It shows about three injuries in the frontal, parietal and occipital area of the head, one incised wound on the left palm, opined to have been caused with a sharp-edged object, within 12 hours, however, all the injuries were simple in nature. After completing the investigation of this case, challan was put in the court under the aforesaid Sections. Finding a prima-facie case against the respondent, he was charge-sheeted. The respondent denied the charges and claimed trial.