State of Himachal Pradesh vs Ravinder Kumar @ Sonu

Surjit Singh, Judge

State has appealed against the judgment dated 24th February, 2005, passed by learned Judicial Magistrate, Palampur, whereby respondent Revinder Kumar, who was tried for offences, under Sections 323 & 325 of the Indian Penal Code, has been acquitted.

Case of the prosecution is that PW-5 Kesar Singh, on being approached by the mother of the respondent, permitted the respondent to put up his Rehri on a portion of his land, abutting on the road, in village Alampur and that on 9th May, 2003, when, accompanied by his brother Dharam Chand (PW-2), he was returning home from the fields, respondent met him near the Rehri and when his brother PW-2 Dharam Chand asked him to remove the Rehri, by 15th May, 2003, the respondent picked up a stick from his Rehri and hit PW-2 Dharam Chand on his leg and then dealt a fist blow on his (PW-5 Kesar Singh) mouth, on which one of his teeth got broken. The incident had taken place at 8 a.m. Matter was reported to the police at 3 p.m. Injured Kesar Singh (PW-5) was got medically examined. Though one tooth was found to have recently disappeared from the upper socket, no bleeding was noticed and also there was no corresponding injury to the lip. Police, on getting the medical opinion, registered a case, u/s 325 of the Indian Penal Code, against the respondent, on 11th May, 2003.

Respondent was charged with offences, under Sections 323 & 325 of the Indian Penal Code, by the trial Court and on his pleading not guilty was put on trial.

Prosecution relied upon the testimony of injured Kesar Singh, examined as PW-5, his brother Dharam Chand, examined as PW-2, one independent witness Jagdish Chand, examined as PW-3 and doctors, PW-1 Dr. Sunil Tyagi and PW-4 Dr. A.S. Chadha (Dentist), to prove the charge.

Incident had allegedly been witnessed by several persons, including Janak Chand, who was named, as a witness, in the FIR. Prosecution, however, did not examine him. Respondent examined him as DW-1. The witness stated that no incident of the kind, alleged against the respondent, had taken place. Learned trial Court acquitted the respondent, holding that there was delay in lodging the FIR and also there was no corresponding injury on the lip, which rendered the prosecution case highly doubtful.

I have heard learned Assistant Advocate General as also learned counsel representing the respondent and perused the record.

Injured Kesar Singh was examined by two doctors, namely PW-1 Dr. Sunil Tyagi and PW-4 Dr. A.S. Chadha. PW-1 Dr. Sunil Tyagi examined the injured around 3 p.m. He did not notice any injury, on the corresponding part of his lip, though he noticed that one tooth had recently disappeared. PW-4 Dr. A.S. Chadha, in his cross-examination, stated that there was only one tooth in the upper socket of PW-5 Kesar Singh, meaning thereby that all other teeth, in the said socket, were missing. He also stated that there was no corresponding injury to the lip. Now, when there was no injury to the lip and almost all the teeth in the upper jaw were missing, it cannot be believed that the cause of recent disappearance of a tooth from the upper jaw was the alleged fist blow.

In view of the abovestated position, I see no reason to interfere with the judgment of acquittal. Appeal is, therefore, dismissed. December 9,