STATE OF HIMACHAL PRADESH Vs. DEV RAJ

JUDGEMENT

(1.) THE respondents were put on trial under Sections 147, 149,323 and 325 of the Indian Penal Code, in the court of learned Chief Judicial Magistrate, in Criminal Case No 137-2 of 1995. Vide judgment, rendered on 24.9.1998 in this case, the respondents were acquitted.

(2.) THE judgment of acquittal has been assailed by means of the present appeal by the State-appellant. It is contended that the learned trial court did not appreciate the evidence of the injured persons, namely, Ram Piari, Satya Devi, Manju Bala, Sanjiv Kumar, Jagdish Chand and Pawan Kumar in the right perspective and their testimonies were duly corroborated by the recovery effected from the accused and also the medical evidence on record. Therefore, the impugned judgment deserves to be reversed and respondents are required to be convicted and sentenced.

(3.) I have heard Shri V.K. Verma, learned Additional Advocate General for the State and Shri Rakesh Jaswal, Advocate, for the respondents and have examined the evidence on record.