STATE OF HIMACHAL PRADESH Vs. BHAGMAL

JUDGEMENT

(1.) The present criminal appeal, under Section 378 of the Code of Criminal Procedure has been maintained by the appellant-State, against the judgment of acquittal, dated 12.01.2006, passed by the learned Additional Chief Judicial Magistrate, Sarkaghat, District Mandi, H.P., in Police challan No. 102-II/2001.

(2.) The key facts, giving rise to the present appeal as per the prosecution story are that on 21.11.2000, at about 6.00 p.m., dog of the accused was wandering into the courtyard of the complainant, when it was objected by the complainant, the parties entered into an altercation and during the course of said altercation, the accused picked up a stone and hit the complainant on his face, which resulted into dislocation of his six teeth. The complainant after being hit by the accused was taken to CHC, Dharampur, for medical assistance, wherefrom he was referred to Regional Hospital, Sarkaghat. After medical examination, it was found that the complainant has sustained grievous injuries due to the dislocation of his teeth. Thereafter, the matter was reported to the Police and statement of the complainant, under Section 154 Cr.P.C., was recorded, on the basis of which, FIR No. 305/2000, dated 211.2000, under Sections 325, 504 and 506 IPC, was registered against the accused. The Investigating Officer visited the spot on 23.11.2000 and took into possession the teeth and stones, vide separate seizure memo. He also prepared the spot map and recorded the statements of the witnesses under Section 161 Cr.P.C. After completion of investigation, challan was presented before the learned trial Court.

(3.) Prosecution, in order to prove its case, examined as many as 9 witnesses. Statement of the accused was recorded under Section 313 Cr.P.C, wherein he denied the prosecution case and claimed innocence. Accused did not lead any defence evidence. The learned trial Court, vide impugned judgment dated 12.01.2006, acquitted the accused.