SANDEEP SHARMA,J. - (1.) By way of instant criminal appeal filed under section 378 (3) of the Code of Criminal Procedure, 1973 challenge has been laid to the impugned judgment of acquittal dated 25.5.2007, passed by learned Additional Sessions Judge-II, Kangra at Dharamshala, H.P., in Criminal Appeal No. 33-P/2003, whereby the judgment of conviction and order of sentence dated 17/18.11.2003, passed by the learned Judicial Magistrate Ist Class Court No. II, Palampur, District Kangra in Crl. Case No. 31-II/2001, has been set aside.
(2.) Briefly stated facts, as emerge from the record, are that on 18.9.2001, Sh. Balwant Singh, Pardhan, Gram Panchayat, Ropa, telephonically informed the police with regard to alleged quarrel having taken place between complainant/injured Sh. Gian Chand and respondents-accused Milkhi Ram and others. Police party headed by Constable Vikram Singh went to the spot, where injured Gian Chand was found lying unconscious in his house, who was subsequently taken/shifted to the hospital and in the presence of Medical Officer, statement of injured came to be recorded under Section 154 Cr. P.C., 1973 Complainant, Gian Chand in his statement recorded under Section 154 Cr. P.C, 1973 alleged that on 18th September, 2001, he had gone to pay electricity bill at Sari and at about 1.30 P.M., when he reached near his house, accused namely Milkhi Ram, Pawna wife of Milkhi Ram and Nisha Devi, daughter of Milkhi Ram, gave him beatings with danda and darat, as a result of which, he suffered injuries on his person. Complainant further alleged that above named respondents-accused gave him beatings because of old enmity and he was rescued by his wife Indira Devi, who in that process was also given beatings by the above named respondents-accused. As per complainant, there was no other persons present on the spot and as such, respondents-accused, after having given beatings to them, had taken away the drat with them but left dandas on the spot.
(3.) On the basis of the aforesaid complaint, formal FIR No. 60/2001, Ex.PW6/A, came to be registered at police Station, Lambagoan, Tehsil Jaisinghpur, District Kangra, against the respondents-accused. Police got complainant as well as his wife medically examined and all the injuries suffered by complainant were found to be simple in nature save and except injuries No. 9 and 12, which were opined to be grievous in nature being fracture of third metacarpal in left hand and fifth metacarpal in the right hand (bone in the right hand). Similarly, injuries on the person of wife of the injured were also opined to be simple in nature, caused with blunt weapon. After completion of the investigation, police presented the challan in the competent court of law i.e. learned Judicial Magistrate, Ist Class, Court No. II, Palampur, District Kangra, against the accused for having committed the offences punishable under Sections 323/325 read with Section 34 IPC.;