STATE OF HIMACHAL PRADESH Vs. JOGINDER SINGH

JUDGEMENT

(1.) SURINDER Singh, J : The Additional Chief Judicial Magistrate acquitted the respondents under Sections 447, 323, 325 and 506 read with Section 34 of the Indian Penal Code in Cr.CaseNo.14-1 of 1995, decided on 26.11.1999, against which the instant appeal as been filed by the State.

(2.) THIS Court had granted the leave to file an appeal on 10.5.2000. Now the matter has been finally heard. Sh. V.K. Verma, the learned Additional Advocate General has argued that the trial court did not appreciate the prosecution evidence in the right perspective and unreliable standards were set to evaluate the evidence. The statements of the injured witnesses were brushed aside on conjecture and surmises, therefore the judgment of acquittal is wrong. Contra, Shri Rakesh Jaswal, learned counsel for the respondents has supported the judgment impugned and cited 2007 Cr.L.J. 1661 to buttress his arguments.

(3.) AS a matter of fact the respondents faced the trial because of the following accusations that:- the respondents, on 25.5.94 at about 7 A.M., in furtherance of their common intention had trespassed into the land in possession of the complainant Rikhi ram, with intention to voluntarily cause grievous hurt to Ramesh, his son and simple injuries to others. On the basis of Rapat Ext.PW8/A the FIR Ext.PW8/B was formally registered.