STATE OF H.P. Vs. SUNIL KUMAR

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 7th April, 2000 passed by Additional Chief Judicial Magistrate, Barsar, District Hamirpur in Criminal Case No. 125-II/98/96 titled as State Vs. Sunil Kumar and others acquitting the accused persons of the charged offence under Sections 342, 506, 504 read with Section 34 of the Indian Penal Code.

(2.) AS per the case of the prosecution complainant- Kangru Ram (PW-5) had done some labour work in the shop of Smt. Radha Devi-accused No.2 and on 3rd June, 1996 at about 9.30 A.M. he had visited her shop and demanded the labour charges. Accused No.4 who was also present at the shop started hurling abuses and both accused Nos.2 and 4 alongwith Subhash Chand -accused No.3 who was also present at that time started giving beatings to the complainant. In the meanwhile Sunil Kumar accused No.1 reached on the spot and remarked that the complainant be killed. However, complainant saved himself from the clutches of the accused persons and on same day went to the shop of Pradhan Gram Panchayat, Kulehra, to collect his implements where he was again caught hold by all the accused persons and was dragged inside the premises of the College run by accused No.1. He was again beaten up by all the accused persons and confined in a room from 10 A.M. to 5 P.M. In the evening when the College closed, the students went to the complainant's house and informed his family members about the said incident who then came to the site and rescued the complainant from the illegal confinement. On the basis of the complaint made by Shri Kangru Ram (PW-5) F.I.R. No. 53/96 (Ext.PW-7/A) was registered with Police Station, Barsar under Sections 342, 506 and 504 read with Section 34 I.P.C.

(3.) IN order to prove its case the prosecution examined eight witnesses. The statements of the accused persons under Section 313 Cr.P.C. were also recorded. In defence the accused persons examined two witnesses.