STATE OF H P Vs. ASHOK KUMAR

JUDGEMENT

(1.) This appeal by the State is directed against the judgment, dated 8.8.2006 delivered by the learned Additional Sessions Judge Shimla, in Sessions Trial No. 1 R/7 of 2004/01, whereby he acquitted the accused persons of having committed offences punishable under Sections 147, 148, 307, 325, 323, 342 read with Section 149 IPC.

(2.) The FIR, in this case, was recorded on the statement of PW3, Satish Kumar (complainant). The version of the complainant was that on 5.9.2000, at about 5 p.m. he was returning to his home in Village Khashdhar from Sandasu Bazaar. When he had gone a little ahead of Sandasu Bazaar, the accused accosted him. The accused Ashok Kumar was armed with an iron rod, accused Padam Singh was armed with a 'danda', accused Vicky was armed with an 'angshu' (an iron instrument used to collect grass) and accused Asha Devi and Sagarpuri were having sickles in their hands.

(3.) The accused attacked the complainant. The accused Ashok Kumar gave a blow with the iron rod on the head of the complainant. Thereafter, a scuffle took place and then, accused Padam Singh gave a blow with a 'danda' on the head of the complainant. All the other accused persons also attacked the accused, who received various injuries on his head, back of the body and right hand. The complainant started crying and on hearing his cries, his brother in law, Dalip Singh, PW4, reached the spot and rescued the complainant from the clutches of the accused persons. In this fight, Dalip Singh also received injuries. Thereafter, Dalip Singh brought the complainant to the road side where PW5 Satish Kumar, son of Rattan Chand was present.