STATE OF HP Vs. GULJARI LAL

JUDGEMENT

(1.) This is an appeal filed by the appellant under Section 378 of the Cr.P.C. against the judgment of the court of learned Chief Judicial Magistrate, Bilaspur, dated 6.3.1998, vide which the respondents were acquitted of the charge framed against them under Section 323, 325 and 506 read with Section 34 of the IPC.

(2.) Briefly stated the facts of the case are that on 8.7.1994, a rapat was lodged by one Batan Chand with the police at about 9.30 p.m. that during day time, at about 6.30 p.m., he was present in his courtyard and was tethering his cattle in the presence of his daughter Lachmi Devi. All the accused persons came there and started giving beatings to him with kicks and fist blows. On hearing his cries, his brothers-in-law Madan Lal and Batan Chand came to the spot to rescue him from the clutches of the accused. Respondent Guljari Lal gave a stick blow and he sustained injury on the ring finger of his right hand. He further alleged that while leaving the place, respondents also threatened to kill the complainant. On this, a rapat was registered and after medical examination of the complainant, the case was registered. After investigation, the challan was filed under the above Sections before the learned trial Court, who tried the respondents, leading to their acquittal.

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