STATE OF HP Vs. BALI RAM

JUDGEMENT

(1.) This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Judicial Magistrate 1st Class, Court No. 3, Shimla, dated 13.6.2003, vide which the respondents were acquitted of the charge framed against them under Sections 147, 148, 149, 341 and 506 I.P.C.

(2.) Briefly stated, the facts of the case are that on 6.1.1999, a written complaint was submitted to S.P. Shimla by Laxmi Devi that at about 2.30/3.00 P.M., she was coming back to her house and the respondents stopped the goats belonging to them and asked her sisters Monika and Manju not to graze the goats in their land. They gave beatings to her sisters and a telephonic call was given to her, on which she came to the spot, on which the respondent Bali Ram and his two sons and others gave beatings to them with Dandas. She suffered injuries on her head and blood oozed out. She became unconscious and five days have passed away and accordingly, the report was lodged by the complainant, on which a case was registered and after investigation, the challan was filed under the sections mentioned above and the respondents were tried by the learned trial Court, leading to their acquittal.

(3.) I have heard learned counsel for the parties and have gone through the record of the case.