STATE OF HIMACHAL PRADESH Vs. SOHAN DASS

JUDGEMENT

(1.) Instant appeal by the State has been filed against judgment dated 27.6.2005 passed by the learned Additional Chief Judicial Magistrate, Rajgarh, District Sirmaur, Himachal Pradesh in Cr. Case No. 41/2 of 2003, whereby respondent-accused (hereinafter, 'accused') has been acquitted of charges framed against him for the commission of offences punishable under Section 25 of Arms Act, Section 323 IPC and Section 9-B of the Explosives Act.

(2.) In nutshell, case of the prosecution is that on 2.3.2003, at about 11 am, complainant namely Jai Parkash alongwith other persons namely Sohan Singh, Ved Parkash (PW-3), Jai Gopal, Bheem Singh (PW-6), Babble Singh, Rattan Singh(PW-7) and Krishana Devi was cutting and lopping the branches of the tree in Bani forest, Village Bohal, within the jurisdiction of Police Station, Rajgarh. Accused alongwith his wife Sunehro Devi came on the spot and advised said persons not to cut and lop the branches of the tree on the spot. On confrontation, accused allegedly caused simple hurt to the complainant Jai Parkash by striking the country made pistol (Katta). Accused was found in possession of one country made pistol alongwith live cartridge without any licence. Accused was apprehended by aforesaid persons and taken to Village Bohal. Police was informed on telephone by Sohan Dutt, Pradhan, whereafter rapat Ext. PW-11/A was lodged. Police visited the spot and statement of complainant Jai Parkash under Section 154 CrPC was recorded vide Ext. PW-4/A, on the basis of which, FIR under Section 307 IPC Ext. PW-15/A was registered at Police Station, Rajgarh. Police started investigation and during investigation, police after having prepared site plan of the spot of occurrence, Ext. PW- 15/B, also took into possession country made pistol/ Katta (Ext. P1), live cartridge Ext. P2, vide memo Ext. PW-3/B, in the presence of Rattan Singh(PW-7) and Ved Parkash (PW-3), which was produced by PW Bheem Singh (PW-6) as Bheem Singh (PW-6) had snatched the said country made pistol on the spot from accused Sohan Dass. House of accused was also raided by the police and after search, accused was also found in exclusive possession of gunpowder in a plastic bottle. Said gunpowder was also taken into possession vide memo Ext. PW-3/A in the presence of Rattan Singh(PW-7) and Ved Parkash (PW-3). Country made pistol was got examined by police from HC Gandhi Ram (PW-2) No. 348 vide certificate Ext. PW-2/A, which was found in a working condition alongwith live cartridge. Gandhi Ram (PW-2) examined country made pistol as well as cartridge in the presence of Executive Magistrate, Rajgarh, who issued certificate Ext. PW-1/A to this effect. Sample of gunpowder was also taken and sealed in presence of Executive Magistrate, certificate to this effect is Ext. PW-1/B. IO also prepared Khaka of country made pistol and live cartridge which is Ext. PW-3/C. During the course of investigation, complainant and injured Jai Parkash were also got medically examined vide Ext. PW-10/A. Accused and his wife were got examined vide MLC's, Ext. PW-10/B and PW-10/C. Chemical examination report qua gunpowder is Ext. PW-14/A. Since hair of Sunehro Devi, wife of accused were cut by Krishana Devi, same was also sent for chemical examination.

(3.) After completion of investigation, police presented Challan in the competent Court of law i.e. Additional Chief Judicial Magistrate, Rajgarh, District Sirmaur, Himachal Pradesh, which came to be registered as Cr. Case No. 41/2 of 2003, under Section 25 of Arms Act, Section 323 IPC and Section 9-B of Explosives Act. Learned trial Court, being satisfied that prima facie case exists against the accused, charged him under Section 25 of Arms Act, Section 323 IPC and Section 9-B of the Explosives Act, to which he pleaded not guilty and claimed trial.