STATE OF HIMACHAL PRADESH Vs. KARTAR SINGH

JUDGEMENT

(1.) By way of instant appeal, State has taken exception to judgment of acquittal dtd. 24/4/2010, passed by learned Judicial Magistrate First Class, Court No-2, Ghumarwin, District Bilaspur, H.P,. in Criminal Case No. 8/2 of 2008.

(2.) On 19.02,2008, at about 2:15 PM, FIR was registered at Police Station Bharari, District Bilaspur, H.P. at the instance of complainant Joginder Singh (PW-1) alleging inter alia that on 18. 02.2008, at about 8:30/8:45 PM, he was on way to his home. Accused Kartar Singh blamed him for having stolen his pipes. The complainant refuted the allegation, but accused Kartar Singh came with a stick in his hand, obstructed the path of complainant and gave him beatings with stick. Kuldeep Singh and Kala Devi also came on spot and they also gave beatings to the complainant with fists and kicks. Kartar Singh gave a stick blow on left hand of the complainant. He was threatened and when he raised alarm, the mother and uncle of the complainant reached the spot and saved the complainant. The complainant had received injuries. After investigation, the challan was presented. Prosecution examined total nine witnesses. Complainant was examined as PW-1. The mother and uncle of the complainant were examined as PW-2 and PW-3, respectively. PW-4, Dr. Bhanu Kanwar was examined to prove the MLC. PW-5, Dev Raj Sharma, Radiographer, proved the X-Ray report Ext. PW5/A. PW-6 to PW-8 were the police officials. Lastly, PW-9 was examined as Investigating Officer.

(3.) Respondents-accused were examined under Sec. 313 of Cr.P.C., they did not lead any defence evidence. Respondents were acquitted by learned Trial Court, hence the present appeal.