STATE OF H.P. Vs. RAMESH CHAND

JUDGEMENT

(1.) THIS judgment is being dictated in open Court in presence of the learned counsel for the parties.

(2.) AN FIR No.454 of 1995 under Sections 147, 323, 427, 451 & 506 IPC was registered with Police Station, Una. It is the case of the prosecution that on 26th September, 1995, Ramesh Chand made a complaint with Incharge, Police Post, Haroli to the effect that at about 6.00 PM, when he reached his house, he noticed that some people were demolishing the wall being built on first floor of his house. While approaching the gate of his house, he saw Paras Ram, Harmesh, Gurbax, Ram Kumar and Mangat Ram, all residents of village Lalri, came down from the stair case of his house and run away threatening him of dire consequences. Shri Satpal, Shri Goggi and Smt. Parveen had also seen the above named accused persons demolishing the wall of the house and they had in fact pushed Parveen (PW ­2 wife of the complainant) on her objecting to the same. The accused persons were put to trial under Sections 147, 323, 427, 451 & 506 IPC. Prosecution in all has examined nine witnesses. Except for four witnesses, all are official witnesses. The trial Court framed the following points for determination and held the accused not guilty:

(3.) FROM the statements of the material eye witnesses, the following emerges:-