STATE OF H.P. Vs. AMAR SINGH

JUDGEMENT

(1.) PRESENT appeal is directed against the judgment of acquittal, passed in favour of the respondents by the learned Sub Divisional Judicial Magistrate, Kangra.

(2.) ONE Des Raj lodged a report to the police on 9.10.1991 that on the previous night around 10.30 p.m., when he returned to his place of residence after day's work, he saw that Amar Singh, respondent No. 1, his neighbour, had made an encroachment on a portion of his court yard, while raising a Danga. He further reported that when he asked Amar Singh, respondent No. 1 as to why the encroachment had been made, the latter started hurling abuses at him and soon his son Vinod Kumar, respondent No. 3 and wife Makhani Devi, respondent No. 2 appeared on the scene. It was also reported that Vinod Kumar, respondent No. 3 was armed with a hockey stick and he dealt a blow of the hockey stick on Des Raj's head and another blow on his arm. The police got said Des Raj medically examined. It was found that his arm, on which a hockey stick blow was given, had been fractured. A case, under Section 325 of the Indian Penal Code, was formally registered against the respondents on the receipt of medicolegal report. Spot was inspected by the police. Statements of the persons, who claimed to have witnessed the incident, were recorded. On the completion of the investigation, report, under Section 173 of the Code of Criminal Procedure, was filed alongwith the relevant papers.

(3.) APPELLANT 's grievance is that the evidence has not been scrutinized correctly by the learned trial Magistrate and it is because of this that the respondents have been acquitted.