STATE OF H.P. Vs. OM PRAKASH

JUDGEMENT

(1.) THIS appeal has been filed by appellant/State of H.P. against the judgment of the Court of learned Additional Chief Judicial Magistrate, Ghumarwin, dated 29.1.1999, vide which the respondents were acquitted of the charges framed under Sections 325/323/34 I.P.C.

(2.) THE case of the prosecution is that on 20.11.1996 at about 6.00A.M., both the accused persons voluntarily caused grievous hurt as well as simple hurt to complainant Mangat Ram. The case was registered and the challan was filed. The respondents were tried by the learned trial Court resulting in their acquittal.

(3.) THE submissions made by the learned Additional Advocate General were that the statement of the complainant was duly corroborated by the statement of his brother PW2 Nikka Ram as well as an independent witness PW4 Nandu Ram and hence, the findings recorded by the learned trial Court are not sustainable and are liable to be reversed. On the other hand, the learned counsel for the respondents submitted that a scuffle had taken place for which a report was also lodged against the complainant party and relations in between the parties were inimical and, therefore, their evidence was rightly disbelieved by the learned trial Court.