STATE OF HIMACHAL PRADESH Vs. RAJINDER SINGH

JUDGEMENT

(1.) THE State felt aggrieved by the acquittal of the Respondents for the offence punishable under Section 325 read with Section 34 of the Indian Penal Code, hence the present appeal.

(2.) THE Respondents were put on trial on the allegations that on 12.5.1999 at 9.00 a.m., the demarcation of the land of the complainant and the Respondents was being conducted by Chuni Lal Patwari of Bandobast. At that time, the Respondents were ploughing their fields. It is alleged that the Respondents got infuriated. Thus, they picked -up the quarrel with the complainant. He was given blows with the iron -rod by Respondent Rajinder Singh, which was used for the demarcation, whereas Respondent Liaq Ram fisticuffed him. It is alleged that on raising hue and cry, no one saved him as at the disputed place no other person was immediately available. He reported the matter to the police which culminated into FIR Ext.PW5/A. The complainant was got medically examined. His injuries were X -rayed, but there was no fracture. Medico -Legal Certificate is Ext.PW3/A. Police took into possession vide memo Ext.PW4/A the blood -stained bearing apparels of the complainant.

(3.) HEARD and gone through the evidence on record.