STATE OF H.P. Vs. RAM LAL

JUDGEMENT

(1.) This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment passed by the learned Judicial Magistrate Ist Class, Shimla, dated 2.12.2003, vide which, the Respondents were acquitted of the charge framed against them under Sections 147, 148, 323, 452 and 506, read with Section 149 IPC.

(2.) Briefly stated, the facts of the case are that a rapat was lodged with the police by Lalit Kumar Ext.PW-1/B at about 8.30 p.m., who was accompanied by his uncle Paras Ram. In the complaint, it was alleged that today at about 4.00 p.m., he came back from his school and at about 6.00 p.m. in their courtyard, the Respondents came alongwith dandas in their hands. Ram Lal and Gian Chand caught hold of him from his arms and Sheela Devi started giving danda blows upon his person. The remaining accused persons present there also gave beatings to him with legs and fists. He raised an alarm on which his mother, who was working in the nearby fields, came and Karam Chand and Krishna Devi also reached there, who rescued him. He also alleged that while leaving the place, the accused persons had also threatened that he will not be left given an opportunity. On this rapat, subsequently, a case was registered and after investigation, the challan was filed before the learned trial Court, who tried the Respondents for the abovementioned Sections leading to their acquittal.

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