STATE OF HIMACHAL PRADESH Vs. GAURI RAM

JUDGEMENT

(1.) Instant Criminal Appeal having been filed by the appellant-State, is directed against the judgment of acquittal dated 9.4.2010, passed by learned Judicial Magistrate, 1st Class (II), Kangra, District Kangra, Himachal Pradesh, in Criminal case No. 4-II/2004, whereby learned trial Court held respondent (hereinafter referred to as the 'accused') not guilty of having committed of offence punishable under Section 325 of IPC and accordingly acquitted him.

(2.) Briefly stated facts, as emerged from the record are that on 31.12.2002, complainant Sher Singh (PW-1) lodged a complaint at police Station, Kangra, District Kangra,H.P., alleging therein that on 31.12.2002, at about 8:15 PM, accused came to the courtyard (jointly owned by the victim and the accused) and started hurling abuses. Complainant Sher Singh and his son Vijay Kumar (PW-11) came to the courtyard and Vijay Kumar asked the accused to refrain from using abusive language. Accused after listening aforesaid request of Vijay Kumar, got infuriated and took a stick in his hand and tried to assault Vijay Kumar. Complainant Sher Singh intervened with a view to save his son, but the blow of the stick injured his right arm. Thereafter, accused inflicted another blow on the head of the complainant, as a consequence of which, blood started oozing out from his head. Subsequently, Onkar Singh (PW-2) came to the spot, but accused also inflicted 2-3 blows of stick on his person. Vikram Singh (PW-6) and Sher Singh (PW-4), who happened to be neighbours of the accused as well as the complainant, reached the spot and got the dispute settled down. On the basis of aforesaid complaint, formal FIR Ex.PW10/A came to be lodged at police Station, Kangra, District Kangra,H.P. Thereafter, police got the complainant medically examined and procured MLC Ex.PW7/A. As per MLC, injury No.1 was found to be grievous in nature caused by blunt weapon. After completion of the investigation, police presented the challan in the Court of learned Judicial Magistrate, 1st Class (II) Kangra, District Kangra, Himachal Pradesh, who being satisfied that a prima-facie case exists against the accused, framed charge against him for the commission of offence punishable under Section 325 IPC, to which he pleaded not guilty and claimed trial.

(3.) Prosecution with a view to prove its case examined as many as 12 witnesses, whereas accused in his statement recorded under Section 313 Cr.P.C. denied the case of the prosecution in toto. However, he did not lead any evidence in his defence. He stated that complaint came to be lodged against him because of prior enmity between the parties. He also alleged that there was a case against the complainant, wherein he had deposed as a witness and as such, present case has been filed to take revenge.