STAT OF H P Vs. TEK CHAND

JUDGEMENT

(1.) This appeal by the State of Himachal Pradesh is directed against the judgment of a Judicial Magistrate whereby respondents Tek Chand and Khimu, who were sent up for trial for offences under Sections 323, 325, 341, 506 read with Section 34 of the Indian Penal Code, have been acquitted.

(2.) A report under Section 173 of the Code of Criminal Procedure along with the relevant papers was filed in the Court of Judicial Magistrate, wherein it was alleged that on 8-7-1996 around 8.30 p.m., the two respondents gave beating, by means of Dandas, to one Nagina Ram, when he was returning to his village from Hamirpur. When said Nagina Ram raised alarm, two persons Thakru and Bashakhu came to his rescue. The respondents then ran away from the spot. The matter was reported to the police, the next following morning. Said Nagina Ram was got medically examined and it was found that he had sustained five injxiries, two of which were grievous in nature.

(3.) Respondents werr charged with the offences under Sections 323, 325, 342 and 506 read with Section 34 of the Indian Penal Code. They pleaded not guilty to the charge. The prosecution examined seven witnesses, including the Investigating Officer and two doctdrs, to bring the charge home to the respondents. In their statement under Section 313 of the Code of Criminal Procedure the respondents denied that they had assaulted Nagina Ram and caused injuries to him. They took no specific plea. However to witnesses of the prosecution, including injured Nagina Ram, it was suggested that some unidentified persons had assaulted him and caused injuries and that due to darkness he could not identify his assailants.