STATE OF H.P. Vs. SURJEET

JUDGEMENT

(1.) THIS is an appeal filed by the State of Himachal Pradesh against the judgment of the Court of the Judicial Magistrate, Ist Class, Bilaspur dated 28.6.1999 vide which the respondents were acquitted of the charge under Sections 323/325/506 IPC read with Section 34 IPC.

(2.) BRIEFLY stated, the facts of the case are that on 28.10.1997 at about 4.30 P.M., a report was lodged by one Ram Pal that he is working as a Conductor in a private bus bearing No.HP 24-4593 and the driver of bus was Krishan Lal. He alleged that when the bus reached near Slapper at about 4.00 P.M., one Surjeet Singh Resident of Village Jamthal pulled him out of the bus. He was accompanied by one Desh Raj and some other persons. He stated that he does not know the names of other persons. All of them started giving beatings to him. It was alleged that two days earlier, when two persons were quarrelling, he had separated them and for this reason Surjeet and his other companions gave him beatings with legs and fists. One Parma Nand sitting in the bus came to rescue him and he was also given beatings and Surjeet gave a cement stone blow over the person of Parma Nand who suffered injuries on his forehead, nose and other parts of the body. Ram Pal complainant alleged that he has a threat from those persons and on this report, a case was registered. The complainant and Parma Nand were medically examined and after investigation of the case, challan was filed before the learned trial Court who tried the respondents under the above Sections resulting in their acquittal.

(3.) THE submissions made by the learned Additional advocate General were that there was sufficient evidence on record consisting of the statement of the complainant, the other injured and one another eye witness but the said evidence was not wrongly relied upon by the learned trial court, which findings are not correct and are liable to be reversed.