STATE OF H.P. Vs. PARAS RAM

JUDGEMENT

(1.) THE respondents were prosecuted in criminal case No.94/2 of 1999 for offences punishable under sections 147, 323 read with section 149 of the Indian Penal Code in the court of Judicial Magistrate Ist Class (4), Shimla and were acquitted on 5.7.2000. The State has filed this appeal against the acquittal of the respondents.

(2.) THE prosecution story as reveled from the record is that on 22.5.1999 at about 5.00 P.M. at village Balawag, P.O. Badheri, Tehsil and District Shimla when the complainant Dila Ram was ploughing his field, all the accused persons came to his field and told him to stop the ploughing and the accused persons attacked him with danda. The matter was reported to the police and statement of Dila Ram was recorded under section 154 of the Code of Criminal Procedure on the basis of which FIR Ex.PW-1/B was registered. On the completion of the investigation, the 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. challan was filed in the Court. The respondents were charged under section 147, 323 read with section 149 of the Indian Penal Code. The accused persons were also examined under section 313 of the Code of Criminal Procedure. The Judicial Magistrate Ist Class (4), Shimla acquitted the respondents on 5.7.2000, hence, this appeal against their acquittal preferred by the State.

(3.) MS . Seema Guleria, Advocate had supported the judgment dated