STATE OF HIMACHAL PRADESH Vs. BUMBER

JUDGEMENT

(1.) BY way of this appeal, the State is seeking reversal of the judgment dated 6.11.1998 of the learned Sessions Judge, Bilaspur rendered in Sessions Trial No.39 of 1996, whereby respondents, who were charged with and tried for offences punishable under section 307 read with section 34 of the Indian Penal Code, have been acquitted.

(2.) CASE of the prosecution, in a nutshell, is that on 25.8.1995, a quarrel had taken place in which Parvesh Kumar (PW -5) had received injuries. He was taken to hospital for treatment. The police visited the hospital and the statement of PW -5 Parvesh Kumar was recorded vide Ex.PW -4/A. He stated in Ex.PW -4/A that when he was going to attend his Class, he was accosted by accused Bumber Thakur. He went towards Bumber Thakur and asked the reason why he was called. He was given beatings by the accused persons. Bumber Thakur inflicted knife blow and Anil Kumar and Rajesh Kumar gave beatings with iron Chimta and iron road. He was rescued by Brij Lal and Roshan Lal. The Medico Legal Certificate of the injured was obtained by the police and FIR Ex.PW -4/B was registered. The matter was investigated by the police and the challan was put up in the Court after completing codal formalities, under section 207 of the Code of Criminal Procedure.

(3.) MR . Rajesh Mandhotra, learned Deputy Advocate General has strenuously argued that the prosecution has proved its case against the respondents -accused.