STATE OF HIMACHAL PRADESH Vs. KEHAR CHAND R

JUDGEMENT

(1.) Instant appeal has been preferred by State against the acquittal of respondent ?Kehar Chand vide judgment, dated 15th February, 2008 passed by the learned Sessions Judge, Shimla in Criminal Appeal No. 25 ?S/10 of 2007, whereby the conviction and sentence imposed upon respondent ?Kehar Chand vide judgment, dated 14 th March, 2007 passed by Judicial Magistrate 1st Class, Court No. 3, Shimla in Criminal Case No. 82/2 of 2001, convicting and sentencing respondent ?Kehar Chand for commission of offence under Sections 354, 325 and 341 of the Indian Penal Code (hereinafter referred to as "IPC"), has been reversed.

(2.) Prosecution case, in brief, is that on 10th August, 2001, at about 8.00 a.m., respondent ?Kehar Chand assaulted and used criminal force to PW ?1 Sheetal Devi, wife of complainant PW ?2 Suraj Kumar with intention to outrage her modesty and on objection raised by PW ?2 Suraj Kumar, caused grievous hurt to him with fist blow.

(3.) As per prosecution story, PW ?1 Sheetal Devi and PW ?2 Suraj Kumar had a night stay on 9 th August, 2001 in New Sidharth Hotel, Ram Bazar, Shimla and checked out on 10th August, 2001 at about 8.00 a.m. When they were leaving the hotel, respondent ?Kehar Chand pulled the shirt of PW ?1 Sheetal Devi from back side which was objected by PW ?1 Sheetal Devi and PW ?2 Suraj Kumar, whereupon respondent hit PW ?2 Suraj Kumar with fist blow on his nose causing injury and bleeding in his nostrils and also pushed PW ?1 Sheetal Devi. PW ?1 and PW ?2 approached Police Station Sadar at 8.20 a.m. whereafter, in pursuance to FIR recorded, PW ?2 Suraj Kumar was medically examined at IGMC Shimla at 8.50 a.m. by PW ?5 Dr. R.P. Chauhan and on his advice, PW ?3 Dr. Usha Sharma, Radiologist, got the x ?ray of nose of PW ?2 Suraj Kumar conducted in her supervision, which discovered fracture in nasal bone of PW ?2 Suraj Kumar. Thereafter, investigation was completed by receiving MLC Ex. PW ?5/B and opinion of Doctors, preparing the spot map Ex. PW ?7/A, recording statements of witnesses and taking into possession extract of register Ex. PW ?4/A and check ?in slip Ex. PW ?7/B vide seizure memo Ex. PW ?2/B. On completion of investigation, finding prima facie complicity of respondent ?Kehar Chand in commission of offence, challan was presented in the Court by PW ?8 SHO Jagdish Sharma.