STATE OF HIMACHAL PRADESH Vs. SANJAY KUMAR @ SANJU

JUDGEMENT

(1.) The State being aggrieved by the judgment of acquittal of accused/respondent passed by the learned Judicial Magistrate Ist Class, Court No.4, Mandi, H.P. on 08.01.2008 has filed the instant appeal.

(2.) Briefly stated the facts of the case are that on 31.10.2003 at about 10.00 a.m., at village Tanda, the complainant Naresh Kumar went to the house of Chandermani to ask him as to why he had left open his dog, but no one was present in his house. Then, all of a sudden, respondent came on the spot and asked the complainant why he was claiming that he had given beatings to him. When the complainant denied that he had not said anything against him, then the respondent started giving kick and fist blows to him and on listening his hue and cry, mother of the complainant, Sheela Devi, came to rescue him, but the respondent also gave beatings to her and they were rescued from the clutches of the respondent by the villagers. In this incident, simple as well as grievous injuries were caused to the complainant and his mother Sheela Devi. The matter was reported to the police through the rapat upon which an FIR was registered against the respondent. Both the injured persons were got medically examined. The police visited the spot, prepared spot map and recorded the statements of the witnesses under Sec. 161 Crimial P.C. After completion of investigation, the respondent was challaned under Sections 323 and 325 IPC.

(3.) Charges were framed against the respondent to which he pleaded not guilty and claimed trial.