STATE OF HIMACHAL PRADESH Vs. RAM SARUP

JUDGEMENT

(1.) This appeal has been filed at the instance of the State against the judgment dated 24-3-1990 passed by Shri J. L. Gupta, Chief Judicial Magistrate, Nahan, District Sirmour in Criminal Case No. 33/2 of 1988/New No. 36/2 of 1988. By this judgment, the respondents have been acquitted of the charges under Sections 325/324/506 read with Section 34 of the Indian Penal Code.

(2.) Respondents were challaned for commission of the aforesaid offences on the allegations that on 18-5-1988 at about 10.00 P.M. Bishan Dutt (PW-1) and Prem Dutt (PW-3) were on their way to their houses in village Charech and when they reached near their houses, the respondents are stated to have attacked them. At such point of time, the respondents were concealing themselves behind the bushes. According to the prosecution before the attack could be made, Prem Dutt had separated from Bishan Dutt but when the respondents gave beatings to Bishan Dutt with sickle and Darat, he raised alarm and then Prem Dutt rescued Bishan Dutt from the clutches of the respondents. According to the prosecution, one Roop Ram had reached the spot of occurrence and helped in taking the injured Bishan Dutt to his house. On the next day of occurrence, the matter was reported to the police who got Bishan Dutt medically examined and after completion of the investigation, challan was put in Court for prosecution of the respondents. The respondents were charged for having committed the offences under the aforesaid Sections of the Indian Penal Code. After conclusion of the prosecution evidence and after recording the statements of respondents under Section 313 Cr. P.C. they have been acquitted. It is this acquittal of the respondents which is impugned in the present appeal by the State.

(3.) Shri Chauhan, learned Assistant Advocate General, pointed out that in the instant case beating of Bishan Dutt (PW-1) stands proved at the hands of the respondents with sickle and Darat and in respect of his this submission, he has referred to the statements of PW-1 Bishan Dutt, PW-3 Prem Dutt, PW4 Roop Ram, PW-6 Dr. S.L. Kaushik, Medical Officer, Bagthan and has thus prayed for reversal of the judgment in question. On the other hand Shri Singh, learned counsel for the respondents while controverting the submissions of the learned counsel for the appellant, has pointed out that the respondents are not at all connected in any manner with the commission of the offence. He has further pointed out that the prosecution has miserably failed to identify the respondents in the facts and circumstances of the case. Besides this, he has also referred to the statements of PWs 1, 3 and 4 and has pointed out that the statements of these witnesses are at variances in material particulars, particularly after the incident in question.