STATE OF H P Vs. BHAG SINGH

JUDGEMENT

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

(2.) The brief facts of the case are that Pawan Kumar was filling water by the side of road adjacent to his cow shed when Bhag Singh came and told Pawan Kumar that latter had got his name registered in Antodaya, whereas he was not eligible for the same. Pawan Kumar replied that he was a poor person and working as a labourer. Bhag Singh started abusing Pawan Kumar and said that he was depriving the other eligible persons of their rights. The accused picked up a bamboo stick and inflicted injuries on the head of Pawan Kumar. Kunti Devi and Asho Devi rescued the complainant from the accused. The injured was carried to the hospital and an intimation was given to the police to which an entry in the daily diary was recorded. Medical examination of Pawan Kumar was conducted by doctor Parveen Kumar who found injuries on his person. The nature of injuries was stated to be grievous and on the basis of this opinion MLC was issued. F.I.R Ext.PW-6/A was registered on the basis of the entry in the daily diary. Investigations were conducted by PW-6 Guler Chand. Statement of witnesses were recorded as per their version 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 325, 341, 504 of IPC to which he pleaded not guilty and claimed trial.