STATE OF H.P. Vs. PREM SINGH

JUDGEMENT

(1.) THIS appeal by the State under Section 378 Code of Criminal Procedure has been filed against the judgment of the learned Additional Chief Judicial Magistrate, Nurpur in Criminal Case No. 17-II/94 decided on 1.18.1998. The accused vide the above judgment have been acquitted of having committed the offences under Section 147, 149, 447 and 323 of the Indian Penal Code.

(2.) THE prosecution case in brief is that on 8.7.1993 at about 7.45 p.m. the accused formed an unlawful assembly and came to the house of PW1 Manga Ram complainant. It is alleged that some of the accused were carrying Lathies and accused Prem Chand was armed with a sword. The accused gave beating to Manga Ram and Gulzar.

(3.) THE accused were summoned and charged with having committed the offences under Section 451, 323 read with Section 149 IPC to which they pleaded not guilty and claimed trial.