STATE OF H.P. Vs. ARUN KUMAR

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment passed by the learned Judicial Magistrate Ist Class, Kasauli at Solan in Case No. 33/2 of 1996/94 decided on 2.3.2000 whereby he has acquitted the accused of having committed the offences punishable under Sections 341, 325, 323 and 506 read with Sect ion 34 of the Indian Penal Code.

(2.) THE prosecution allegation is that when the complainant Ram Rattan was leaving his house to go to Shimla where he was employed in government service, he was stopped in the fields by Krishan Kumar son of Ramesh Dutt who gave him a blow with a 'Kudali' on his knee. It is also alleged that the other accused Arun Kumar and Anil Kumar, beat the complainant with the handle of the Kudali. When the complainant cried out, his wife came to the spot and the fourth accused Braham Dutt hit her with a spade. Charge was framed against the accused for the offences punishable under Sections 323, 325 and 341 IPC after investigation and filing of challan. They pleaded not guilty and claimed trial.

(3.) PW 1 Puran Dutt is the son of complainant. According to him, it was he (Puran Dutt) who reached the spot first and according to him, in his presence, his father Ram Rattan was hit on the knee with a Kudali by Krishan Kumar. Therefore, he contradicted the statement of his father who has stated that it was his wife Subhadra Devi (PW7) who reached the spot first. Whereas according to this witness, the three brothers, Inder Dutt, Som Dutt and he himself along with his mother Subhadhra Devi had gone to the spot together. In cross examination, he states that all the three brothers had taken their father straightway to the hospital from the spot. He further states that after leaving their father in the hospital they (three sons) came back to their home. He also contradicted the statement of his father who stated that they remained with him for the whole day. According to him, they had taken their father in a bus to Solan from the spot and from Solan they carried their father on the back. This version is also contradicted by the complainant who had stated that they went a portion of the way by train and thereafter by a three wheeler.