STATE OF H.P. Vs. KISHORI LAL

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated 19.12.1994 passed by the learned Chief Judicial Magistrate, Una whereby the accused -respondent (hereinafter referred to as the accused) has been acquitted of the charge under Section 324, IPC, the State has preferred the present appeal.

(2.) Briefly stated, the case of the prosecution is that on 28.7.1991 at about 8 p.m., PW -3 Ram Pal was called by the accused and was taken to his house. The accused is stated to have made said Ram Pal to take liquor to the extent that he fell unconscious. In the state of unconsciousness, the clothes of PW Ram Pal were removed by the accused and acid was sprinkled on his body leading to sustaining of injuries by said Ram Pal. When he started crying "Jal Gaya", his wife PW -1 Neelam Kumari went to the spot and brought him to their house with the help of certain other persons who had gathered there on hearing her cries, who also saved said Neelam Kumari and Ram Pal from Kishori Lal who had attempted to strangulate PW -1 Neelam Kumari. On July 29, 1991, PW -2 Ram Pal was admitted in hospital at Una. The matter was reported by PW -1 Neelam Kumari vide complaint Ex. PW -1/A addressed to the Deputy Commissioner, Una and copies thereof were endorsed to C.M.O., Una and Superintendent of Police, Una. On the basis of this complaint, finally FIR Ex. PW -9/A under Section 326, IPC came into being in Police Station, Una. On investigation, the Una police found that the accused has committed an offence punishable under Section 326, IPC, therefore, submitted a charge sheet against the accused, who came to be tried by the learned Chief Judicial Magistrate, Una, who framed the charge under Section 324, IPC instead of Section 326, IPC. Finally, the accused was acquitted by the impugned judgment. Hence this appeal.

(3.) I have heard the learned Deputy Advocate General and the learned Counsel for the accused.