STATE OF HP Vs. ROOP SINGH

JUDGEMENT

(1.) The present criminal appeal has come-up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted, in reference to the impugned judgment dated 16.8.1999, passed by learned Sessions Judge, Shimla, H.P., in Sessions Trial No. 11-S/7 of 1998, whereby respondents-accused have been acquitted for the offences, under Sections 323 and 307 read with Section 34 of the Indian Penal Code.

(2.) The prosecution story is that Issa Mohammad, resident of village Lakhanpur, Tehsil Nalagarh was taking his 25 buffaloes for Narkanda. On way, buffaloes were drinking water from a pond where respondents-accused Inder Singh and Roop Singh and their 3-4 sons assaulted Issa Mohammad and his son Lal Hussain with danda and threw stones at them and on intervention of Bali Mohammad and one Alam Issa Mohammad and his son Lal Hussain were saved. On this, FIR No. 75 of 1997 was registered in Police Station, Theog. Lal Hussain was medically examined and following injuries were noticed:-

(3.) Issa Mohammad, the father of Lal Hussain, was also medically examined who has suffered multiple abrasions on the lateral aspect of his left lower leg oblique in direction and the injury was opined to be of simple nature. After investigation, respondents-accused were charged for the aforesaid offences and case was committed to the Sessions Court.