STATE OF HIMACHAL PRADESH Vs. ALAM

JUDGEMENT

(1.) THE respondents were acquitted by the learned Chief Judicial Magistrate, for the offence under Sections 147,148,149,325 and 506 of the Indian Penal Code, which has been assailed in this appeal, on the ground that the learned trial court failed to view the prosecution evidence in its proper perspective and has wrongly discarded the testimony of the prosecution witnesses on untenable grounds.

(2.) I have heard Shri S.D. Vasudeva, leaned Additional Advocate General and Shri Vinay Thakur, learned Advocate for the respondents and have carefully gone through the evidence on record.

(3.) THE respondents denied the charges framed against them under the aforesaid sections and claimed trial. The prosecution examined its witnesses to prove the case. The respondents were also examined under Section 313 of the Code of Criminal Procedure. Their defence was that they were implicated falsely due to strained relations with the complainant and on account of the earlier litigation. However, no defence was led.