STATE OF HIMACHAL PRADESH Vs. NAVEEN KUMAR

JUDGEMENT

(1.) Heard counsels for both the parties.

(2.) The present appeal is preferred by the State against the impugned order dated 08.09.2009 passed by the High Court of Himachal Pradesh, Shimla, wherein the High Court while accepting the appeal preferred by the accused-Respondent, set aside the earlier order of conviction passed by the trial court and acquitted the accused-Respondent from all charges.

(3.) The brief case of the prosecution necessary for the adjudication of the matter is as follows. On 10.09.1999, around eight persons including the accused-Respondent were alleged to have formed an unlawful assembly with a common object of causing deadly assault upon PW-1 Ashwani Kumar, PW-2 Ram Pal and three other deceased persons. The accused persons allegedly armed with deadly weapons such as, swords, gandasis, hockey sticks, clutch wire, etc. blocked the roads and around 9:30p.m, the victims reached the place of occurrence, the accused persons attacked them and the intended criminal act was accomplished within 3-4 minutes. The alleged persons fled the scene of crime before the injured and the deceased could raise an alarm. Thereafter, the police were informed by 9:35 p.m., through the telephone and an entry was made in the Rojnamacha, at the Police Station, regarding the aforesaid incident.