STATE OF HIMACHAL PRADESH Vs. MOTI RAM

JUDGEMENT

(1.) This is an appeal filed by the State of H.P. under Sections 148,452,323 read with Section 149 IPC against the judgment of the Court of learned Judicial Magistrate, Ist Class, Kangra dated 27.5.2003 vide which the respondents were acquitted of the charge framed against them.

(2.) Briefly stated, the facts of the case are that on 4.10.1997 at about 8.45 P.M., a report was lodged with the police by one Om Parkash that he is running a tea-Pakora Shop at Tehsil Chowk, Kangra. The shop of his brother Moti Ram is adjoining his shop. In the evening at about 8.00 P.M., his brother Moti Ram respondent came to his shop and started giving abuses to him and gave threats to him. Thereafter, son of Moti Ram Jiwan & Goldy Naresh and his servants Ramesh and Dharam Chand came there. The said Jiwan was having a rod in his hand and he started giving him beatings while the remaining were having Dandas in their hands and he suffered injuries on his head and other parts of his body. He further Whether the reporters of Local Papers may be allowed to see the Judgment? Yes alleged that Ravinder Kumar @ Koka, Desh Raj and Jaishi Ram his servants, had rescued him. The accused left the place giving abuses and threats to take away his life. On this, a report was made to the police and a case was registered and after investigation challan was filed and the respondents were tried by the learned trial Court under the aforementioned sections, leading to their acquittal.

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