STATE OF HIMACHAL PRADESH Vs. KEWAL SINGH

JUDGEMENT

(1.) THE State is in appeal against the judgment dated 24.03.2005, of the learned Addl. Sessions Judge, Fast Track Court, Una, Distt. Una, H.P., in Criminal Appeal No. 9/2003 RBT 26/2004, Kewal Singh and Ors. V/s. State of H.P., whereby, the appeal filed by the Respondents herein, who shall hereinafter be referred to as 'the accused ', against their conviction and the consequent sentence of various terms upto six months and fine upto Rs. 1000/ -, for the offences under Sections 147, 324, 427 and 452 read with Section 149 Indian Penal Code, by the learned Judicial Magistrate 1st Class, Court No. II, Una, Distt. Una, H.P., was accepted and they were acquitted of the respective charges framed against them.

(2.) IN brief, the case of the prosecution is that whereas the complainant -party belonged to Santokhgarh Co -Operative Society Truck Union, which had also a branch office at Tahliwal, the accused belonged to the rival union known as Tahlliwal Truck Union. It is in evidence that there was pre ¬existing litigation between the two unions with regard to the area of operation.

(3.) THE police carried out investigation on the spot. The injured members of the complainant -union were sent for medical examination. On completion of investigation, the accused were sent up to face trial. On being charged, they pleaded not guilty and claimed trial. The prosecution evidence followed. In all, 16 witnesses were examined. On close of the prosecution evidence, the accused were examined under Section 313 Code of Criminal Procedure wherein, their defence was that of total denial, innocence and false implication. In defence, they examined one witness namely, DW -1 Jarnail Singh. After hearing the parties, the learned trial Court proceeded to convict and sentence the accused, as already noticed. On appeal, the learned Addl. Sessions Judge, set aside the judgment/order of conviction/sentence vide the impugned judgment. It is how the State is in appeal before this Court.