STATE OF HIMACHAL PRADESH Vs. SUNEET SINGH

JUDGEMENT

(1.) The present criminal appeal, under sec. 378 of the Code of Criminal Procedure, 1973 has been maintained by the State of Himachal Pradesh, against the judgment of acquittal, dtd. 20/2/2008, passed by learned Sessions Judge, Chamba, District Chamba, H.P., in criminal appeal No. 29/2007, under Sec. 324 of the Indian Penal Code (hereinafter to be called as "IPC"), whereby the judgment of conviction, dtd. 19/9/2007, passed by learned Sub-Divisional Judicial Magistrate Dalhousie, District Chamba, H.P., In criminal case No. 17-II of 2001 was set aside.

(2.) The key facts, giving rise to the present appeal as per the prosecution story are that on 17/1/2001, at about 8:00 a.m. at place Chudhana, Suneet Singh/accused (hereinafter to be called as "the accused") hit Chandu Ram/complainant (hereinafter to be called as "the complainant") with three stone blows on his chest and also gave him teeth bite on his right arm, due to which, the complainant got injured. After the said occurrence, the accused was taken to the hospital and got medically examined and his MLC, Ext. PW-4/B was obtained. The matter was reported to the Police and spot map, Ext. PW- 5/C was prepared and after completion of investigation, challan was presented in the Court.

(3.) Prosecution, in order to prove its case, has examined as many as five witnesses. Statement of the accused was recorded under Sec. 313 Cr.P.C,, 1973 wherein he denied the prosecution case and claimed innocence. Accused did not lead any defence evidence. The learned trial Court, vide its judgment, dtd. 19/9/2007, convicted the accused for the commission of offence punishable under Sec. 324 of the IPC. Subsequently, the accused assailed the said judgment before the learned Sessions Judge, Chamba, District Chamba, H.P., which was allowed and the judgment of conviction, passed by the learned trial Court was set aside. Hence the present appeal.