STATE OF H.P. Vs. PIAR CHAND

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the judgment of the Court of learned Judicial Magistrate Ist Class, Dharamshala, dated 4.5.1999, vide which the respondents were acquitted of the charge framed against them under Sections, 147,149,294,323 and 506 I.P.C.

(2.) BRIEFLY stated the facts of the case are that on 14.3.1995 when the police party was on patrolling duty at Yol Bazaar, a statement was made by Harjinder Singh, complainant, to the police under Section 154 Cr.P.C. He stated that at 4.00 P.M. when he was working in his shop, a jeep came there and 6-7 persons got down from the jeep in a drunken state and started obscene acts in presence of the ladies. They remained at the spot for about 10-15 minutes and threat was also given by one of the accused. It was further alleged that one neighbourer shopkeeper, namely Bhola Ram came there who was also beaten by the accused persons and whole market was closed due to the threat. A case was registered and after investigation, the challan was filed before the learned trial Court who tried the respondents under the above sections resulting in their acquittal.

(3.) THE submissions made by the learned Additional Advocate General were that the evidence led by the prosecution may be pursued which will lead to the conclusion that there has been misreading of evidence by the learned trial Court and as such, the findings are liable to be set aside. On the other hand, the learned counsel for the respondents had supported the impugned judgment for the reasons given therein.