STATE OF HIMACHAL PRADESH Vs. BHAGAT RAM

JUDGEMENT

(1.) The present appeal is maintained by the appellant- State of Himachal Pradesh against the judgment of acquittal of the accused in a case under Section 325 of the Indian Penal Code passed by the learned Chief Judicial Magistrate, Kullu, District Kullu, dated 25.2.2008, in Criminal Case No.2-I/2005/162-II/2007.

(2.) Briefly stating facts giving rise to the present appeal are that on 10.9.2004, at about 7:00 am, at village Oshan, Tehsil and District Kullu, complainant Nup Ram (PW-1) and Kirat Ram (PW-3) had gone to pluck walnut from tree, in the meantime, accused Bhagat Ram (hereinafter referred to as 'the accused') came to the spot and claimed half walnut being co-sharer and claimed that the walnut tree was in joint ownership. Complainant (PW-1) refused to give walnut to the accused, consequently, the accused gave 'danda' blow on the face of the complainant. As a result of which, one tooth of the complainant was broken and he sustained injury, thereafter accused went away. Thereafter, complainant (PW-1) reported the matter to the police. Medical examination of the complainant was conducted and FIR was registered. During investigation, police took into possession the 'danda' with which accused had hit the complainant. Investigating Officer visited the spot and prepared site plan.

(3.) The prosecution, in order to prove its case, examined as many as eight witnesses. Statement of the accused was recorded under Section 313 Cr. P.C, wherein he has denied the prosecution case and claimed innocence. No defence evidence was led by the accused.