- (1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Additional Sessions Judge, Fast Track Court, Una in Sessions Trial No. 10/2008 dated 17.1.2009 vide which the learned trial court has acquitted the accused for commission of offence punishable under Section 307 read with Section 34 IPC.
(2.) The case of prosecution was that the complainant who is a resident of village Dharampur, Tehsil Haroli, District Una on 20.2.2008 at around 7:30 p.m. along with his son had gone to bring medicine for his ailing wife and when complainant along with his son reached a little ahead of his courtyard near the house of accused, accused Taro Devi, her son and daughter attacked him. Taro Devi's son gave a danda blow on his head, whereas accused Taro Devi and her daughter beat him with fist and kick blows. Son of the complainant rushed to his house and informed his mother about the said incident. Thereafter father as well as wife of the complainant reached the spot and rescued him (complainant) from the clutches of the accused, who ran away from the spot. The complainant was taken to Hospital at Haroli and matter was also reported to the police. Statement of complainant was recorded under Section 154 Cr.P.C., on the basis of which FIR Ext. PW7/C was recorded. During the course of investigation, spot map was prepared and blood stained Tshirt of the complainant as well as weapon of offence, 'Danda' were taken into possession vide recovery memos Ext. PW3/B and Ext. PW3/C. Dr. A.K. Sharma medically examined the complainant and issued MLC Ext. PW1/A and thereafter complainant was referred to R.H. Una for surgical opinion. At R.H. Una complainant was examined by Dr. Indu Bhardwaj who advised CT Scan for injuries suffered by him on his skull. Based on the report of CT Scan, Ext. PW2/A, Dr. Indu Bhardwaj found the injury suffered by the complainant to be dangerous to life. Accused Taro Devi and Chanchla Devi were arrested on 20.3.2008 and were subsequently released on bail on 31.3.2008. As accused Lekh Raj @ Laddi was a juvenile when the alleged incident took place, he was produced before the Juvenile Justice Board Una and was dealt with under the Juvenile Justice Act.
(3.) After completion of the investigation, challan was filed in the Court and as a prima facie case was found against the accused, they were charged for commission of offence punishable under Section 307 read with Section 34 IPC to which they pleaded not guilty and claimed trial.;