STATE OF H.P. Vs. RAJ KUMAR

JUDGEMENT

(1.) Instant appeal having been filed by the appellant-State, lays challenge to the judgment dated 31.10.2008 passed by the learned Chief Judicial Magistrate, Kinnaur District at Reckong Peo, HP in Police Challan No. 43-2 of 2006, whereby learned Court below held respondent-accused (hereinafter, 'accused'), not guilty of having committed offence punishable under Ss. 323, 451 and 506 IPC.

(2.) In nutshell, story of the prosecution as emerges from the record, is that on 22.6.2006, at about 7 am in Village Pangi, accused came to the roof of the house of Sartal Singh PW-1 (complainant) and gave beatings to him with Danda and at that time the accused was under the influence of liquor. Accused is stated to have caused injuries to the complainant, PW-1 on the thumb of his left hand. Matter was reported to the police. Police visited the spot and referred the injured for medical treatment. Investigation was completed and Challan presented in the competent Court of law for the commission of offences punishable under Ss. 323, 45 and 506 IPC. Learned trial Court, on being satisfied that prima facie case exists against the accused, charged him under the aforesaid provisions, to which the accused pleaded not guilty and claimed trial.

(3.) Prosecution with a view to prove its case, examined as many as seven witnesses, whereas, accused in his statement recorded under S.313 CrPC denied the case of the prosecution in toto. However, accused did not lead any evidence in his defence. Learned trial Court, on the basis of evidence adduced on record by the prosecution, held that prosecution was not able to prove the guilt of the accused beyond reasonable doubt and accordingly acquitted him. In the aforesaid background, appellant-State has approached this Court in the instant proceedings praying therein for conviction of the accused after setting aside impugned judgment of acquittal.