STATE OF HIMACHAL PRADESH Vs. SATISH KUMAR

JUDGEMENT

(1.) THE State has challenged the acquittal of the respondents, passed by the learned trial Court in Criminal Case No.66 -2 of 2003, decided on 22nd May, 2004, for the offences punishable under Sections 147, 149, 323 and 325 of the Indian Penal Code.

(2.) IN short, the prosecution story as emerges from the prosecution evidence can be stated thus. On 19.4.2002, around 9.30 p.m., PW2 Suman Prakash (injured) visited Chirgaon Bazaar to receive his cousin Trilok Singh, who was to arrive there from Hamirpur, in a bus. When PW2 aforesaid reached Bus stand Chirgaon, he noticed respondents coming from the opposite side.

(3.) SHRI P.M. Negi, learned Deputy Advocate General submitted that the learned trial Court has given undue importance to the minor contradictions and there were no material improvements in the statements of PWs 2 and 4 aforesaid. The hostility of the prosecution witness Ashok Kumar because of a near relative of the accused is writ large and the pendency of the case between the parties prior to the alleged incident serves as a motive to way -lay the injured by the respondents.