LAWS(HPH)-2015-1-14

STATE OF H.P. Vs. HET RAM

Decided On January 09, 2015
STATE OF H.P. Appellant
V/S
HET RAM Respondents

JUDGEMENT

(1.) The instant appeal is directed by the State against the impugned judgment rendered on 26.8.2008 by the learned Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P. in Sessions Trial No.55/2007 whereby the learned trial Court acquitted the accused/respondents for theirs having committed the offences under Sections 307, 341, 323 and 506 of the IPC.

(2.) Briefly stated the facts of the prosecution case are that Ram Kishan, President Gram Panchayat, Dadaur recorded a statement under Section 154 of the Cr.P.C. before the SI/SHO Om Prakash at Kansha Chowk to the effect that on 24.6.2006 at about 6 p.m. he and Param Dev, Vice President, Gram panchayat, Dadaur were present at Kancha Chowk and at the same time Jagat Ram s/o Dida Ram came from the side of his house. In their presence accused Dida Ram and Het Ram alias Sanjay father and brother of Sh. Jagat Ram had stopped him and thereafter they started giving beating to him. The wife of accused Het Ram alias Sanjay and sister Indira Devi were also with the above referred accused and they also gave leg fist blows to Sh. Jagat Ram. Thereafter, the accused Het Ram alias Sanjay suddenly picked up a stone and gave stone blow on the head of Jagat Ram as a result of which he got grievous injuries on his head and ear and blood started oozing out from the injuries. Sh. Jagat Ram then became unconscious. The accused were further saying that Jagat Ram has defamed them, as such, he shall be killed. On their raising an alarm, all the accused fled away from the spot. He send Jagat Ram injured to Civil Hospital, Ratti for medical treatment and informed the police through telephone. On the basis of aforesaid statement an FIR was registered against the accused in the police station, Balh and the investigation was carried out. During the course of investigation , the police visited the spot, prepared the site plan, took into possession brick and procured the MLC of the injured and also obtained the opinion of the doctor qua the injuries sustained by the injured as also arrested the accused.

(3.) On completion of the investigation, into the offence, allegedly committed by the accused, report under Section 173 Cr.P.C. was prepared and filed in the Court.