STATE OF H.P. Vs. SHYAM LAL

JUDGEMENT

(1.) THE present appeal arises out of judgment dated 25.4.2000 passed by Judicial Magistrate Ist Class, Kasauli at Solan, H.P. in Case No. 278/2 of 99/95, titled as State vs. Shyam Lal, acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution on 22.12.1994 a complaint was lodged by Shri Ram Lal (PW-1) that on 18.12.1994 at about 6.30 p.m., the accused persons came into the courtyard of his house and accused Shyam Lal called for him. When he came out accused Dasu and Dharmu caught hold of the complainant from the arm and accused Shyam Lal and Hira Lal threatened that they would see him today. However, PW-1 rescued himself from the accused persons and ran into his house. At that accused Shyam Lal and Hira Lal also ran behind him and after entering his house they laid down the complainant Whether the reporters of Local Papers are allowed to see the Judgment? on the floor and gave beatings to him. Accused Shyam Lal beat him with "Thapi" (wooden stick which is flat) (Ext.P-1) resulting into injury on his head and other parts of the body. Complainant cried when Smt. Ramku Devi, Smt. Yashoda Devi and Smt. Kamla Devi came on the spot and rescued him. On the basis of said complaint FIR (Ext.PW-1/A) was registered with Police Station, Solan, under Sections 432, 451, 323, 506 and 34, IPC. The injured was got medically examined and after completion of the investigation challan was filed in the Court for trial.

(3.) IN order to prove its case, the prosecution examined five witnesses and the statement of the accused under Section 313, Cr.P.C. was also recorded.