STATE OF HP Vs. ANAND KISHOR

JUDGEMENT

(1.) <DJG>Sanjay Karol, J.</DJG> For an offence, which is alleged to have been committed on 4.8.1999, accused were put to trial. In terms of judgment dated 22.10.2003 passed by learned Chief Judicial Magistrate, Chamba, in Crl. Case No.552-I of 1999, titled as State of H.P. vs. Anand Kishor & Anr., the accused stand acquitted of the charged offences.

(2.) It is the case of the prosecution that on 4.8.1999 at about 7.00 p.m., accused persons gave beatings to one Man Singh (PW-5) at Gunnu Nullah. He suffered injuries on his right leg and nose and blood also started oozing. He was accompanied by his brother Sh. Shyam Singh. Sh. Man Singh reported the matter to the police and his statement (Ext.PW-5/A) was recorded on the basis of which F.I.R. dated 21.8.1999 (Ext.PW- 7/C) under Sections 323, 325/34 IPC was registered with Police Station, Sadar, Distt. Chamba. The investigation was carried out by the police at the spot and the alleged weapons of offence, namely, stone (Ext.P-1) and danda (Ext.P-3) were taken into possession. The injuries were opined to be grievous in nature as per medical certificate (Ext.PW-2/A).

(3.) With the completion of the investigation the challan was presented in the Court for trial. The accused were charged for having committed an offence punishable under Sections 323, 325 & 506/34 IPC to which they did not plead guilty and claimed trial. In order to prove its case prosecution examined 7 witnesses and the statement of the accused under Section 313 Cr.PC was also recorded. The defence taken is that of false implication due to animosity.