STATE OF H.P. Vs. PARAS RAM

JUDGEMENT

(1.) THIS is an appeal filed by the Appellant - State of Himachal Pradesh against the judgment of the Court of learned Judicial Magistrate Ist Class, Bilaspur dated 17.5.1999, vide which the respondents were acquitted of the charge framed against them under Sections 324, 323, 506 read with Section 34 of the Indian Penal Code.

(2.) BRIEFLY stated, the facts of the present case are that on 23.6.1996 at 3.30 p.m. a report was lodged with the police by one Parkash Chand that on the previous day at 12.30 p.m. when he was fixing stones in his land for the check dam both the accused persons came there started giving beatings to him and he was rescued by Laturia Ram, maison of Hamirpur. It was also alleged that at that time Gorkhia Ram accused gave him a tooth bite on his back and both the accused have given him blows with legs and fist. They also gave threat to him while reaching the place. On this report, a case was registered and challan was filed before the learned trial court. The learned trial court tried both the appellants who were acquitted of the charge as detailed above.

(3.) THE submissions made by the learned Additional Advocate General for the State were that the guilt of the accused persons had been established from the statement of PW-4 Parkash Chand, complainant which has been duly corroborated by PW-5 Ramji Dass father of the complainant and one PW-7 Pinku alias Rakesh Kumar has also corroborated the statement and therefore the learned trial court had wrongly concluded that the guilt of the accused persons was not established and as such those findings are liable to be reversed.