STATE OF H.P. Vs. THAKAR DASS

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the learned Judicial Magistrate Ist Class, Court No.1, Mandi, in case No. 257-II of 1995, decided on 26.11.1998, whereby he has acquitted the respondents ­ accused for having committed offences under Sections 325,323,341 and 147 I.P.C.

(2.) THE prosecution case in brief is that on 28.5.1995, at about 4.00 P.M. the accused persons in concert with each other caused grievous hurt to Gorkhia and Smt. Indira Devi at place Kummi. It is alleged that when Ram Singh was working in his field accused Lala Ram alias Lal Singh came on the spot and started uprooting the 'Beer' (boundary of the field) of the complainant. When Ram Singh objected, Lala Ram attacked him with a danda. Later the other accused also joined him and gave beatings to Ram Singh. When Ram Singh raised an alarm, Gangi Devi, Dropti Devi, Gorkhia and Indira Devi came on the spot to save him. These persons were also attacked by all the accused. Gorkhia, father of the complainant Ram Singh was given a danda blow on his face causing grievous injuries. The other persons were also injured. Ram Singh lodged a complaint on the same day and F.I.R. Ext. PW15/B was registered against the accused.

(3.) THE learned trial Court came to the conclusion that the case against the accused persons has not been proved beyond reasonable doubt and that there were material contradictions in the testimonies of the witnesses and acquitted the accused, Therefore, this appeal by the State.