STATE OF H.P. Vs. KRISHAN CHAND

JUDGEMENT

(1.) THIS is an appeal filed by the Appellant/State of Himachal Pradesh against the judgment of the Court of learned Addl. Chief Judicial Magistrate, Ghumarwin, District Bilaspur dated 30.7.1999 vide which, the respondents were acquitted of the charge under Sections 147, 325, 323 and 149 IPC.

(2.) BRIEFLY stated, the facts of the case are that on 15.8.1995 at about 11.40 AM, a statement was made to the police by one Rattan Chand under Section 154 Cr.P.C. It was alleged by him that on the previous day one Krishan Chand, Savitri Devi his wife and his three daughters were putting a Danga ahead of his fields to divert the flow of water and when the complainant's father prevented them from doing so, they started giving beatings to his father. The complainant reached the spot and found that his father was blood stained and when his brother Chiranji came there to rescue them, the accused persons started giving beatings to him as well as to his brother with stones. He and his brother suffered injuries. On this report, a case was registered and after investigation challan was filed. The respondents were tried under the afore-mentioned Sections resulting in their acquittal.

(3.) THE submissions made by the learned Additional Advocate General were that the oral evidence led by the prosecution proved the nature of the injuries suffered by the accused persons. However, it was admitted by the learned Additional Advocate General that these injuries have not been corroborated by medical evidence since the Medical Officer was not examined before the trial Court. It was submitted that the ocular version given by the prosecution witnesses clearly proved the guilt of the accused persons and as such, the findings recorded by the learned trial Court can be said to be perverse calling for an interference by this Court.