STATE OF HIMACHAL PRADESH Vs. HANIF AND ORS.

JUDGEMENT

(1.) ASSAILING the judgment dated 18.2.2008, passed by learned Addl. Sessions Judge, Solan, Distt. Solan, H.P., in Sessions Trial No. 3 -NL/7 of 2007/06, titled as State of Himachal Pradesh v. Hanif & others, whereby respondents -accused stand acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 31.10.2004 at about 11.00 a.m. accused Hanif, Sikander, Roshani and Shamina pelted stones on the house of Gulam Mohammad and threatened to kill his son Hassan Din. Same day at about 8.00 p.m. accused again came armed with dandas and hurled abuses. At about 10.30 p.m. they burnt the thatched roof of the house of Gulam Mohammad. On 1.11.2004 Gulam Mohammad (PW -1) reported the matter to the police which led to registration of F.I.R. No. 74/2004, dated 1.11.2004 (Ext. PW -5/A) at Police Station Ramshehar, Distt. Solan, against the accused persons under the provisions of Sections 436, 451, 506 all read with Section 34 of the Indian Penal Code. The matter was investigated by SI -Balbir Singh (PW -10). With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined ten witnesses and statements of the accused under Section 313 Cr. P.C. were also recorded, in which they took plea of false implication on account of land dispute with Gulam Mohammad. No evidence in defence was led by the accused.