KARAM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) .: This appeal has been preferred by the appellants against the judgment, dated 26.6.2003/28.6.2003, passed by learned Sessions Judge, Solan, vide which the appellants were held guilty under Sections 324, 323 and 506 IPC and were sentenced as under: Section324 IPC RI for a period of six months and to pay a fine of Rs.1,000/ -; in default of payment of fine, the appellants were to further SI for a period of one month.Section 323 RI for a period of two months and to pay a fine of Rs.500/ -; in default of payment of fine, the appellants were to further SI for a period of 15 days.Section 506 RI for a period of six months and to pay a fine of Rs.1,000/ -; in default of payment of fine, the appellants were to further SI for a period of one month.However, the appellants were acquitted of the charge framed against them under Section 307 IPC.

(2.) THIS appeal has been filed by State of H.P. against the aforesaid judgment of the learned Sessions Judge, Solan vide which the accused were acquitted of the charge framed against them under Section 307 of the I.P.C.

(3.) BRIEFLY stated, the facts of the case are that on 10.11.2002 at 6.30 p.m., a police officer recorded the statement of one Naresh Kumar under Section 154 Cr.P.C. It was alleged by the complainant that he alongwith one Dharam Singh had gone today to Radiana from Solan and were returning at 4.30 p.m. He alleged that one Karan Singh (wrongly mentioned as Karam Singh in memo of parties), Sanjeev Kumar and Neelam, who are the residents of Police Station, Dharampur, came there and stopped their vehicle. Karan Singh was having a knife, Neelam was having a chain and Sanjeev Kumar was having a danda. They started giving beatings to Dharam Singh without any talks having been held. Karan Singh gave a knife blow to Dharam Singh, Neelam gave a blow with chain and Sanjeev Kumar gave danda blows on his head. They both ran towards petrol pump to save themselves. It was also alleged by him that near the petrol pump, one Satish Kumar was present. All these three persons had earlier also given them beatings and were having some enmity with them.