STATE OF HIMACHAL PRADESH Vs. GULSHER ALI

JUDGEMENT

(1.) THE State has challenged the judgment of acquittal passed by the learned trial Court in Criminal Case No. 17/2 of 2000, decided on 21.3.2005 for the offences punishable under Sections 148, 452, 323, 325, 427 and 506 (II) read with Section 149 of the Indian Penal Code on the ground that the learned trial Court did not appreciate the evidence of the prosecution in the right perspective. The brief facts of the case are that PW 1 complainant Santokh Singh alleged that a house in question alongwith 18 biswas of vacant land was purchased by him in the year 1973, since then, he is in its possession. On 25.10.1999, when he was sitting in his courtyard, the respondents formed unlawful assembly armed with sticks, axes, chain etc., attacked him, smashed window panes, broke open the doors and ransacked his house. He raised hue and cry which attracted the neighbours, but in the meantime, the respondents escaped from the spot and had removed his two brief cases, in one of them, he had kept gold bracelet and currency notes worth Rs. 40,000/ - .

(2.) THE FIR with respect to the said incident was lodged on the same day by Santokh Singh alleging therein that the respondents had tried to dispossess him from the aforesaid house and landed property illegally.

(3.) DURING the investigation, it had come to light that the complainant had purchased the aforesaid property and was put in its possession. The respondents had tried to dispossess him. The injured Santokh Singh was got medically examined. All the injuries except injury No. 9 i.e. broken tooth of the right upper incisor, were simple having been caused within the duration of 2 to 4 hours. To this effect, Medico Legal Certification Ext. PW 5/A was issued.