STATE OF HIMACHAL PRADESH Vs. OM PARKASH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16.02.2005 passed by learned Judicial Magistrate Ist Class, Court No. 1, Paonta Sahib, in Criminal Case No. 47/2 of 2000/1999 acquitting the Respondents for offences punishable under Sections 147, 452, 427, 323 , 325 read with Section 149 IPC.

(2.) THE prosecution case, in brief, is that PW -2 Harpal Singh in the year 1999 was running an electronic shop at Dhaula Kuan. On 22.05.1999 at about 8.30 p.m., when Gurumukh Singh father of PW -2 was sitting in the shop, the Respondents came along with other 50 -60 persons in the shop. They were armed with 'lathies ' and axes. The Respondents along with other unidentified persons formed an unlawful assembly with the common object to commit house trespass and other offences in furtherance of their common object.

(3.) GURUMUKH Singh lodged report at Police Post, Majra and on that basis F.I.R. Ex. PW10/D came to be registered. The complainant and his son were medically examined and their M.L.C.s were obtained. On completion of investigation, challan was presented against the Respondents and they were charged for commission of offences punishable under Sections 147, 452, 427, 323, 325 read with Section 149 IPC. They pleaded not guilty and claimed trial.