STATE OF HIMACHAL PRADESH Vs. MISRU RAM

JUDGEMENT

(1.) The respondents were acquitted for the offences punishable under Sections 147, 148, 149, 325, 323 and 341 of the Indian Penal Code, by the learned trial Court in Criminal Case No.68-II/2003, decided on 1.4.2010. Instant petition for leave to appeal has been moved by the State.

(2.) Heard and gone through the record of the learned trial Court.

(3.) The prosecution case against the respondents has been that they had formed an unlawful assembly and obstructed the path by constructing a `Jhugi' (temporary hut) leading to the house of the complainant, regarding which civil litigation was pending. The parents of the complainant had objected to it, but the respondents' fisticuffed them, as a result of which tooth from the jaw of the mother of the complainant got uprooted. Accused Parkash Chand died during the trial. With respect to the incident, FIR Ex.PW1/A was lodged. Ultimately, the respondents were implicated as the accused, faced the trial and acquitted at the end.