STATE OF HIMACHAL PRADESH Vs. JATINDER BAKHRU

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Judicial Magistrate 1st Class, Solan dated 18th November, 1998 whereby he has acquitted the accused.

(2.) THE prosecution case, in brief, is that on 5th July, 1994 at about 9 P.M. complainant Keshav Sahni was sitting in his shop along with one Aman Sethi. Two boys came to his shop and asked him for 'Phensedyl Diazapam- Calmpose'. The complainant refused to give the medicine without prescription from the doctor. After some time two other persons Satish Kumar and Billa came to the shop and again asked for the same medicine. Again the complainant refused and the boys went away. At about 9.20 P.M. four boys, along with Vishal Bakhru and Jitender Bakhru came to his shop and asked for the same medicine and threatened him. When the complainant refused to give the medicine, Jitender Bakhru and Vishal Bakhru came inside the shop, caught hold of the complainant and started beating him. The complainant was dragged outside his shop and again beaten up and Vishal Bakhru threw a cement flower pot (Gamla) on the head of the complainant. When Aman Sethi tried to intervene and save the complainant he was also beaten up.

(3.) I have heard Shri J.S.Guleria, learned Law Officer, for the State and Shri B.C.Negi, learned counsel for the accused. I have carefully gone through the entire case file and the evidence.