STATE OF H P Vs. TARA CHAND

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 26-3-1999 passed by the Additional Chief Judicial Magistrate, Ghumerwin in case No.237/1 of 1995 whereby he had acquitted the respondents of having committed offences under Sections 147, 149, 323, 325 & 506 of the Indian Penal Code.

(2.) The prosecution case in brief is that the five accused persons came in ajeep bearing No. HP23-1072 and beat the complainant Sanjay Kumar. Complainant Sanjay Kumar died during the pendency of the proceedings before the trial Court. His death is, however, not related to the injuries caused to him in the incident. Complainant Sanjay Kumar was the owner and driver of tanker No. PBL-8125. According to the complainant, the accused pulled out him out of the tanker and beat him up. Challan was filed and the accused were summoned. They pleaded not guilty. The prosecution examined as many as 13 witnesses in support of its case. Therefore, the statements of the accused persons under Section 313, Cr. P.C. were recorded/The accused examined one witness in their defence. The learned Court acquitted all the accused on the ground that the statements of the prosecution witnesses are contradictory and suspicious in nature and granted benefit of doubt to the accused. Respondent No. 5 died during the pendency of the appeal and the appeal has been abated qua him.

(3.) I have heard Shri J. S. Guleria, learned Law Officer for the State-appellant and Mr. Manohar Lal learned counsel for respondent No. 1, Mr. K. B. Khajuria, learned counsel for respondent No. 2 and Mr. Vinod Gupta, learned counsel for the respondent No. 4.