STATE OF H.P. Vs. YASHVEER SINGH

JUDGEMENT

(1.) THIS appeal has been filed by appellant against the acquittal of the respondents by the Court of learned Judicial Magistrate­II, Hamirpur, vide judgment dated 11.8.1999 under Section 325 read with Section 34 I.P.C.

(2.) BRIEFLY stated the facts of the case are that a statement was made by complainant Kartar Singh under Section 154 Cr.P.C. in which he had alleged that on 24.8.1997 at about 7.00P.M., he was sitting outside the shop of Amar Nath and accused Yashveer Singh accompanied by his brother-in-law, whose name he does not know came there and gave him beatings with iron rod. The beatings were given over his head, face and that the brother-in-law of accused Yashveer gave blows with fist. It was further alleged that he was rescued by Amar Nath, shopkeeper and Bidhi Chand and the blood had oozed out from his head. He was taken to the hospital Tauni Devi and then he was referred to District Hospital, Hamirpur. On this report, case was registered and both the respondents were tried under the above sections, which resulted in the acquittal of the respondents.

(3.) THE submissions made by the learned Additional Advocate General that the statement of the complainant had been duly corroborated on all the material particulars by the eye witness, namely, PW2 Bidhi Chand, but the learned trial Court had wrongly relied upon the testimony of the Investigating Officer PW10 Om Chand and as such, had wrongly come to the conclusion that the guilt of the respondents was not established. 4. On the other hand, the learned counsel for the respondents had supported the impugned judgment for the reasons given therein.