STATE OF HIMACHAL PRADESH Vs. RAMESH CHAND

JUDGEMENT

(1.) The present appeal is maintained by the appellantState of Himachal Pradesh against the judgment of acquittal of accused in a case, under Sections 341, 355, 323 and 506 of the Indian Penal Code, passed by the learned Additional Chief Judicial Magistrate, Sarkaghat, District Mandi, (H.P) dated 8.9.2008, in Police Challan No.69-II/2005.

(2.) Briefly stating facts giving rise to the present appeal are that on 15.3.2005, complainant-Prem Singh (PW-1) had gone to the house of Ashwani Kumar, around 10:00 AM, at village Bassi Satmala. Near the house of Ashwani Kumar, there is a shop of Roshan Lal (PW-2) . Thereafter, the complainant (PW-1) went to the shop of Roshan Lal, where he was talking with him. In the meantime, accused came there and threatened the complainant to kill him. Accused gave four slaps to the complainant (PW-1) and threw him on the earth and also gave kicks blows to him. Ashwani Kumar and Roshan Lal (PW-2) rescued the complainant from the clutches of accused. During the course of investigation, statement of witnesses recorded and site plan was prepared.

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