STATE Vs. NASIR ALIAS NASIR KHAN AND OTHERS

JUDGEMENT

(1.) The case of the prosecution is that one month prior to the incident, the complainant had given Rs.5,000/- to accused No. 1 through CW-4. Accused No. 1 did not return the amount. Thereafter, when accused No. 1 came to the shop of PW-1, the complainant demanded accused No. 1 to return the amount. At that time, accused No. 1 abused the complainant stating that there is no money to be repaid. Subsequently, accused Nos. 1 to 4 formed an unlawful assembly and assaulted the complainant, based on which, a case was registered against four accused for the offence punishable under Sections 324 and 504 read with Section 34 of Indian Penal Code.

(2.) In order to prove its case, the prosecution examined 8 witnesses and marked 5 exhibits along with one material object. By the order dated 19.03.2016, the Trial Court acquitted the accused. Hence, the State has preferred this appeal.

(3.) The learned Additional State Public Prosecutor contends that the Trial Court has misdirected itself in acquitting the accused. That the prosecution has established its case beyond all reasonable doubt.