STATE OF H P Vs. OM PRAKASH

JUDGEMENT

(1.) State of Himachal Pradesh is aggrieved by the judgment dated 1-5-1999 of the trial Judicial Magistrate, whereby respondents, Om Parkash and Hem Raj, who were sent up for trial for offence, under Sections 451 and 323 read with Section 34 of the Indian Penal Code, have been acquitted.

(2.) First the prosecution version may be stated. On 25-6-1995 around 2.00 in the night, one Madan Lal went to Police Station, Barsar and reported that on the same night around 11.00 p.m., the respondents, namely Om Parkash and Hem Raj, came to their house armed with Dandas and gave beatings to him. his father Sukru and his wife Reshmi Devi. It was also reported that about an hour prior to the aforesaid incident, the two respondents had been stealthy removing a branch of tree belonging to Madan Lal's father and when they were challenged, they not only hurled abuses at them but also pelted stones. The police got Madan Lal, his father Sukru and his wife Reshmi Devi medically examined and also recorded the statements of the witnesses named in the report of Madan Lal. Ultimately, the respondents were challaned.

(3.) Respondents were charged for the aforesaid two offences. They pleaded not guilty and were therefore, put on trial. At the end of the trial, the trial Magistrate acquitted them holding that the prosecution case was not proved beyond reasonable doubt. Learned Magistrate has noticed some contradictions appearing in the statements of the witnesses.