STATE OF H P Vs. RAMESH CHAND

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgement of acquittal recorded by the learned Additional Chief Judicial Magistrate, Kandaghat, District Solan, H.P. whereby he pronounced an order of acquittal qua the accused qua the offences allegedly committed by him.

(2.) The brief facts of the case are that on 26.8.2003, Smt. Promila Pardhan Gram Panchayat Kahla informed the Police telephonically at about 9.20 p.m. that the accused has given beatings to Hari Chand. After receiving the information, the police party went to the place of incident where Hari Chand complainant recorded his statement. The complainant told to the police that at about 9.00 p.m. the accused came to his house and requested him for making a telephone call. His wife has handed over the apparatus to the accused through window and the accused started dialing the requisite number. The accused could not connect the number so he asked the wife of the complainant to dial the requisite number then his wife told him that she could not dial the number in darkness. On hearing this, the accused became agitated and he put down the telephone apparatus and started hurling filthy abuses to him. He asked the accused to not hurl filthy abuses to him from the room in which he was sitting with his grand son but the accused entered into the room with a stick in his hand and gave blows on the complainant. He also gave a blow with a stick to the complainant. On hearing the noise, his wife Parwati and daughter-in-law Nisha came to the room and rescued him from the clutches of the accused. The statement of the complainant was sent to the police station through constable Ravinder Lal and on the basis of which F.I.R. was registered and investigation started. During investigation, the police recovered the blood soaked shirt of the complainant and after completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused, challan was prepared and filed in the Court.

(3.) A charge stood put to the accused by the learned trial Court for his committing offences punishable under Sections 451, 325, 504 and 506-I of the IPC to which he pleaded not guilty and claimed trial.