STATE OF HIMACHAL PRADESH Vs. UJJAGER SINGH

JUDGEMENT

(1.) The present appeal is maintained by the appellant/State laying challenge to judgment dtd. 30/9/2008, passed by learned Judicial Magistrate 1st Class, Court No. 2, Paonta Sahib, District Sirmaur, H.P., in Criminal Case No. 57/2 of 2002, whereby the respondents/accused persons (hereinafter referred to as "the accused persons") were acquitted for the offences punishable under Ss. 451, 323, 324, 506 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as "IPC").

(2.) Briefly stated the facts giving rise to the present case are that on 29/4/2002, at about 09:00 p.m., complainant Kamaljeet Singh alongwith his wife Smt. Rupinder Kaur was at his wife's maternal house at Bhhupur. In the meantime, the accused persons came there and after exchange of some heated arguments, they hit the complainant with Kirpan. Owing to which, the complainant sustained injuries on his fingers. The accused persons also hit the wife of the complainant with kick and fist blows and she also sustained injuries in the occurrence. Consequently, the complainant reported the matter to the police, whereupon, a case was registered against the accused persons and investigation ensued. Police prepared the site plan and procured medico legal certificates of injured. Police also recorded the statements of the witnesses. After completion of investigation, police presented challan in the learned Trial Court.

(3.) The prosecution, in order to prove its case, examined as many as five witnesses. Statements of the accused persons were recorded under Sec. 313 Cr.P.C., wherein they pleaded not guilty. In defence, the accused persons have examined two witnesses.