STATE OF H.P. Vs. VARINDER KUMAR

JUDGEMENT

(1.) PRESENT appeal arises out of judgment dated 5.6.2000 passed by the Judicial Magistrate Ist Class, Dharamshala, H.P. in case No. 56-II/99/98, titled as State of H.P. vs. Varinder Kumar and others, whereby the accused persons have been acquitted of the charged offences.

(2.) AS per the case of the prosecution on 29.6.1998 at about 9.00 A.M in the morning while complainant Janak Raj was on his fields all the accused persons came and attacked the complainant. The complainant was thrown on the ground and he was beaten up with fists and blows by the accused persons as a result of which he 1 Whether reporters of Local Papers may be allowed to see the judgment? sustained injuries on his person. The complainant moved an application Ext.PW-1/A with the Panchayat and also filed complaint with the police Ext.PW-1/B, on the basis of which FIR No.160 (Ext.PW-9/B) was registered in the Police Station, Dharamshala, H.P under Section 325 of the Indian Penal Code. The accused was medically examined by Dr. Arvind Kanwar (PW-11) who issued medico legal certificate Ext.PW-11/A detailing the injuries suffered by the complainant. His X-Ray and the opinion thereof are Ext.PW- 10/A and Ext PW-10/B. Site plan Ext.PW-9/A was prepared and with the completion of the investigation the challan was presented in the Court for trial.

(3.) ON the basis of the material on record the Court below acquitted the accused of the charged offences for the reason that the statements of the witnesses were contradictory and belied the case of the prosecution. Out of 11 witnesses complainant Janak Raj (PW-1) , Nand Lal (PW-2), Ram Chand (PW-3), Madan Gopal (PW-7) are the spot witnesses who have seen the occurrence of the alleged incident.