STATE OF H.P. Vs. JASWINDER SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the appellant-State against the judgment of the court of learned Judicial Magistrate Ist Class-1, Dharamshala dated 16.2.1999 vide which the accused were acquitted of the charges framed under Sections 147,148,149 and 323 of the IPC.

(2.) BRIEFLY stated the facts of the case are that on receipt of information that a quarrel had taken place at Pathankot Mandi Road, the police official went to the spot and learnt that all the persons have been taken to Government hospital for treatment. He went there and recorded the statement of Anil Kumar complainant that he is a student of B.A. and on 22.8.1995 at about 4 p.m., he was sitting in front of the shop of one Udham Singh there the accused persons named by him came there along with hockey sticks and without any provocation they started giving beatings to him with hockeys. PWs Manjeet Singh, Anant Kumar and Rakesh Kumar three persons were there who rescued him. Manjeet Singh also suffered injuries. On this report a case was registered and challan was filed before the trail court who tried the respondents as detailed above, resulting in their acquittal.

(3.) THE submissions made by the learned Additional Advocate General were that the statement of the complainant had been duly corroborated by three other witnesses, namely, PW-5 Manjeet Singh, PW-6 Rakesh Kumar and PW-11 Anant Kumar and therefore the learned trial court had come to a wrong conclusion that the guilt of the accused persons were not established and those findings were liable to be reversed.