STATE OF H.P. Vs. KAMALDEEN AND OTHERS

JUDGEMENT

(1.) THIS is an appeal filed by the State of H.P. against the judgment of the Court of learned Sessions Judge, Una, dated 29.5.2003, vide which the respondents were held guilty as under:

(2.) WE have heard the learned counsel for the parties and have gone through the record of the case.

(3.) A perusal of the judgment shows that there was nothing on record to show that when the complainant party reached the disputed field, they were armed with any weapon or Dandas. There is nothing to suggest also that at the time of the incident the complainant party were carrying some weapon, so as to cause injuries to the accused persons. The injuries on the person of Ajmat Ali, Ibrahim, Jamal Bibi and Yusuf Ali, deceased, have been proved by the witnesses including PW -5 Dr. Ashish Lekhi, who made a statement regarding injuries sustained by these witnesses. There was opinion of the Medical Officer that injury on the head of Yusuf Ali deceased was dangerous to life and these could be caused with Dandas Ext. P -2 to P -4 and sharp injury could be caused with Drat Ext. P -1. The findings recorded by the learned trial Court on the basis of the evidence produced are sufficient to hold that the guilt of the respondents was established under Section 304 -II I.PC., as detailed above.