STATE OF HP Vs. OM PARKASH

JUDGEMENT

(1.) This is an appeal filed by the State against the judgment of the Court of the Judicial Magistrate, Ist Class, Baijnath dated 30.7.2003 vide which, the respondents were acquitted of the charge framed against them under Section 324 read with Section 34 IPC.

(2.) Briefly stated, the facts of the case are that on 18.5.2001 around 11.30 P.M. a report was lodged with the police Ex.PW-8/A in which the complainant alleged that he along with his brother Sunit Kumar were going to the house of his uncle Majnu Ram. Respondent No.2 met him on the way, caught him by neck. In the meanwhile, Sunit Kumar had gone ahead and had entered the house of his uncle Mauji Ram. Raj Kumar respondent also came there and gave him abuses. Respondent No.1 caught hold of him Whether the reporters of Local Papers may be allowed to see the Judgment? from the collar and Raj Kumar Respondent gave a blow of Koka of iron on his head and blood started oozing out. The complainant raised hue and cry and the second blow was given on his right arm and he suffered minor injuries and on hearing his cries his brother Sunit Kumar came there and rescued him. The accused persons ran away. He along with Sunit Kumar his cousin, came to lodge a report with the police. After medical examination, FIR was registered and after investigation challan was filed as against the respondents under the sections mentioned above who were tried by the learned trial Court leading to their acquittal.

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