STATE OF H.P. Vs. GIAN CHAND @ PENU

JUDGEMENT

(1.) The instant appeal stands directed, against, the verdict, pronounced by the learned Additional Sessions Judge, Shimla, District Mandi, H.P. Camp at Rohru, in Criminal Appeal No. 14R of 04/02, whereunder he reversed the judgment of conviction, and, consequential thereto imposition, of, sentence(s) upon the accused, as, recorded by the learned trial Court, visavis the offences charged, and, rather acquitted the accused. The State of Himachal Pradesh, is, aggrieved therefrom, hence has instituted the instant appeal before this Court.

(2.) Brief facts of the case are that in the evening of 18.4.2002 at about 6.30/6.45 PM, Smt. Sanendra was coming back home from her fields and when she had reached 23 fields above, on the way accused Gian Chand suddenly came and caught her. As the complainant turned back, the accused caressed his hand on her breast and asked her to let him commit a wrong act. When the complainant released her arm from the cluches of the accused, the accused subdued her and started giving beatings to her. The accused snatched the sickle from the hand of the complainant and inflicted a blow with it on her head. On her raising a hue and cry, Ravinder Kumar and Surender Kumar came. On seeing them, the accused fled from the spot. While fleeing, the accused threatened the complainant with death. Thereafter, the husband and father-in-law of the complainant also came there and took her to the house. As a result of the beatings complainant had sustained injuries on her head, arm, shoulder and back. The complainant went to the police station, Rohru and lodged FIR Ext. PW1/A. The investigation into the case was conducted by ASI Tej Ram. He went to the spot and prepared the site plan Ext. PW8/A. He recorded the statements of witnesses supposed to be acquainted with the facts of the case. The medical examination of the complainant was got conducted from Dr. Satish Kumar. She was also subjected to X. Ray examination by the Radiologist Dr. P.C. Gupta. Medicallegal certificate Ext. PW9/A, report of the Radiologist is Ext. PW6/A and skygrams Ext. PW6/B to Ext. PW6/D were procured. The doctor had opined the injuries to be simple in nature. After the completion of the investigation, the challan was presented in the Court against the accused. Charge for commission of offences under Sections 354, 323, 506 of the Indian Penal Code was framed against the accused to which he pleaded not guilty and claimed for trial.

(3.) A charge for commission of offences, under, Sections 354, 323, 506 of the Indian Penal code, was, framed against the accused, whereto, he pleaded not guilty and claimed trial.