STATE OF H.P. Vs. SANJIV

JUDGEMENT

(1.) THE respondents were convicted and sentenced by the trial court for the offence under Section 452, 451, 147, 149, 323 and 506 of the Indian Penal Code, which was successfully assailed in appeal before the first appellate court. Thus while allowing their appeal, the conviction and sentence was set-aside, which has now been assailed in this appeal by the State.

(2.) I have heard the learned counsel for the parties and have carefully gone through the record. In brief, the prosecution case has been that the complainant Dinesh Kumar had filed a complaint in the Whether reporters of local papers may be allowed to see the judgment? Yes. court of Judicial Magistrate Ist Class, Rohru against the respondents and one Satish Kumar on 27.6.1995, which was sent to the Station House Officer, Police Station Rohru, for disposal in accordance with law under Section 156(3) of the Code of Criminal Procedure and on its basis, the police registered a FIR Ex.PW10/C.

(3.) THE police had investigated the case, prepared site plan Ex.PW10/A and got the complainant medically examined. He was found to have sustained the simple injuries. After recording the statements of the witnesses, the challan was presented in the court for trial against the respondents except Satish Kumar, but no explanation has been given as to why and how Satish Kumar was not involved in the alleged offence. At the end of trial, the respondents were convicted, but instead of passing the substantive sentence, they were released by giving them the benefit of Probation of Offenders Act.