BHOLA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellants felt aggrieved by the order dated 27.9.2011, passed by the learned Sessions Judge in Cr.M.P No. 136 of 2010, whereby the learned Sessions Judge ordered to file a complaint against the appellants in terms of Section 340 of the Code of Criminal Procedure (Code in short) before the Court of learned Chief Judicial Magistrate Kullu, H.P.

(2.) Facts, shorn of all unnecessary details, can be stated thus. In Sessions trial No. 10 of 2010 four accused were charge-sheeted, tried and acquitted, for the murder of Shri Kali Dass and also under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, with the aid of Section 34 of the Indian Penal Code. Appellant Bhola Ram nephew had lodged FIR and PW2 Mani Ram son of the deceased was a recovery witness. During trial, both of them had turned hostile. The judgment of acquittal was passed on 14.7.2010.

(3.) Thereafter on 28.8.2010, the learned Public Prosecutor filed a complaint Cr.M.P. No. 136/2010 under Section 340 of the Code against the appellants to take action. The learned Sessions Judge vide impugned order, while allowing the prayer ordered to file complaint against the appellants.