STATE OF H.P. Vs. SUKHDEV AND ORS.

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 29.11.2005, by the learned Judicial Magistrate, 1st Class, Court No. III, Hamirpur, H.P. in Criminal Case No. 167 -II -99, whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences charged.

(2.) The brief facts of the case are that on 29.4.1999 at 7.00 p.m. at place Patta, all accused in furtherance of their common intention have beaten uttam Chand, Amar Nath and Bina Devi by hitting with stones. The matter was reported to the police and FIR came to be registered. Injured Uttam Chand was medically examined and his MLC was obtained. Medical examination of Uttam Chand revealed that he has sustained simple a well as grievous injures. Site plan was prepared. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) The accused stood charged by the learned trial Court for his committing offences punishable under Ss. 323,325 read with Sec. 34 of I.P.C, to which he pleaded not guilty and claimed trial.