LAWS(HPH)-2012-2-22

STATE OF HIMACHAL PRADESH Vs. SUNKA RAM

Decided On February 28, 2012
STATE OF HIMACHAL PRADESH Appellant
V/S
Sunka Ram Respondents

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 15/16th May, 2000, accused were put to trial. In terms of judgment dated 28.9.2004 passed by Judicial Magistrate, Ist Class, Baijnath, District Kangra, H.P. in Cr. Case No. 121 II of 2000, titled as State of H.P. Vs. Sunka Ram & others, accused stand acquitted of the charged offences. It is the case of prosecution that on 15th May, 2000 at about 5.00 P.M., complainant Roop Lal (PW -1) asked his son Raj Kumar (PW -2) and grandson Ajay Kumar (PW -7) to visit the house of Sunku Ram (Accused No. 1) for recovering a sum of Rs. 2,000/ -, which had been borrowed by Sunku Ram from the complainant. Accordingly, they went to the house of Sunku Ram but did not return till the following morning. At about 2.00 P.M. on 16th May, 2000, complainant along with Vinod Kumar (PW -4) and Kashmir Singh (not examined) went to the house of Sunku Ram to look for Raj Kumar and Ajay Kumar and were informed that Sunku Ram had confined them in his house. Roop Lal asked Sunku Ram to release the said persons from his custody. In the meanwhile, Vinod Kumar (PW -4) opened the door of the room, where Raj Kumar and Ajay Kumar were kept in confinement. Ajay Kumar fled away from the spot and Raj Kumar was found in an injured condition. Roop Lal immediately took Raj Kumar to the Community Health Centre, Chadhiar, where he was attended to by Dr. Roshan Lal (PW -8). Injured was given medical treatment and MLC (Ex. PW -8/A) prepared by the doctor. On 17th May, 2000, Roop Lal filed complaint (Ex. PW -1/A), on the basis of which, FIR No. 49 of 2000, dated 17.5.2000 (Ex. PW -5/A) was registered at Police Station, Baijnath against the accused. The investigation was conducted by Mool Raj (PW -6) and other police officials. During the course of investigation weapons of offence i.e. rod (Ex. P -4), dandas (Ex. P -5 to P -8) were recovered and police also took into possession the blood stained clothes (Ex. P -2 to Ex. P -4) of Raj Kumar. With the completion of investigation, challan was presented in the Court for trial.

(2.) THE accused were charged for having committed offences punishable under Sections 147, 148 and Sections 323, 324, 326 read with Section 149 of the Indian Penal Code, to which they did not plead guilty and claimed trial.

(3.) APPRECIATING the evidence adduced by the parties on the record, trial Court acquitted the accused on all counts, hence the present appeal.