STATE OF HIMACHAL PRADESH Vs. DHIAN SINGH, SON OF LADDA SINGH, CASTE RAJPUT, RESIDENT OF MAT UMERA, MAUZA GARLI, P.S. JAWALAMUKHI, DISTRICT KANGRA, H.P.,

JUDGEMENT

(1.) STATE has come in appeal against the judgment dated 20.03.2002, passed by the learned Sessions Judge, Kangra at Dharamshala, H.P. in Sessions Trial No. 16 of 2001, whereby the respondents, who were charged with and tried for offence punishable under Sections 451 and 304 read with Section 34 of the Indian Penal Code, have been acquitted. Case of the prosecution, in a nut -shell, is that on 09.06.1998 at 10:30 p.m., a telephonic message was received from the hospital from Parma Nand that Rasil Singh had died in Dehra hospital. On receipt of this information, S.H.O. went to the hospital. The statement of Manjeet Singh was recorded under Section 154 of the Code of Criminal Procedure. According to the complaint, on 06.06.1998 at about 8:30 p.m., his father and younger brother went to home and when he was returning, his younger brother Gurdeep Singh Told that his father was being beaten up, on which he parked the taxi and went to his home and found Dhian Singh, Pawan Kumar and Gaggan Kumar giving beatings to his father Rasil Singh, who had been thrown in the Courtyard and Dhian Singh was giving beatings with stone while Pawan Kumar and Gaggan Kumar were giving fist and leg blows. He was saved by Sudershana. She was also beaten up by accused Pawan Kumar with his Scooter. An Alarm was raised, which attracted the attention of Ashok Kumar, Ramesh Rana and Ajmer Singh. They reached at the spot and on seeing them, the accused ran away. Thereafter, F.I.R. No. 89 of 1998 was registered and after completing all the codal formalities, the challan was put up in the Court.

(2.) THE prosecution has examined 14 witnesses to prove its case. The statement of accused was also recorded under section 313 of the Code of Criminal Procedure.

(3.) MR . Neeraj Sharma, learned counsel for the respondents has supported the judgment dated 20.03.2002.