STATE OF H.P. Vs. DALIP SINGH

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 28.6.1999, vide which the respondents were acquitted of the charge framed under Sections 147, 149, 447, 427, 323, 325 and 506 I.P.C.

(2.) BRIEFLY stated the facts of the case are t hat on 20.5.1994 , at about 5.50P.M., a report was lodged with the police by one Amar Nath that a road passes from their land and they have taken a stay order against the construction of this road. However, it was alleged that the villagers of villages Bhundal, Ladar, Kot, Jhinwari and Tikkar forcibly wanted to take tractors from this road. It was alleged that at about 12.00 during day time, the male and female members from these villages came there and when they prevented them, Paras Ram, Mudail, Prakash Chand son of Hari Ram and Brij Lal gave blows on the person of his father with danda, legs, fists and stones. He further alleged that several other persons including women named by him destroyed their crop and also gave beatings to their family members and while leaving the place they also gave a threat. On this report, a case was registered. After investigation, the challan was filed against six respondents who were tried by the learned trial Court as mentioned above resulting in their acquittal.

(3.) THE submissions made by the learned Additional Advocate General were that there was sufficient evidence on record consisting of the statement of complainant, his father/injured and other persons of the family of the complainant and simply because the witnesses are related to one another was no ground to disbelieve their version, therefore, the findings of the learned trial Court to the contrary are liable to be reversed. On the other hand, the learned counsel for the respondents had supported the impugned judgment for the reasons mentioned therein.