STATE OF H.P. Vs. SOHAN SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the appellant-State against the judgment of the court of learned Judicial Magistrate Ist Class, Bilaspur dated 31.3.1999 vide which both the accused were acquitted of the charges framed against them under Sections 323, 341, 324 read with Section 34 IPC.

(2.) BRIEFLY stated the facts of the case are that on receipt of information the police went to the hospital and recorded statement of one Garja Ram. He stated that he is doing the work of carrying of material as a labouerer on his mules and respodnentNo.1 Sohan Singh had asked him for carrying of his sand and concrete about 15-20 days ago. He had declined to carry the material as he had no spare time. On 23.4.1997 at about 9 a.m. when Garja Ram was carrying the stones of one Bhag Singh on his mule and while crossing the house of respondent No.1 he asked him as to why he is not carrying his construction material. He came out with danda and gave betings on the person of garja Ram. In the meanwhile his son respondent no.2 Jasbir Singh alais Bittu came along with an iron rod and gave blows on the person of Garja Ram who suffered injuries, blood oozed out from his person. On this report a case was registered and after investigation the challan was filed again both the respondents, who were tried by learned trial court, resulting in their acquittal. Respondent No.1 Sohan Singh as per the copy of death certificate filed today is already dead.

(3.) ON the other hand, Mr.K.D.Sood, learned counsel for respondent No.2 has submitted that there is scanty evidence on record in regard to the presence of respondent No.2 and the main allegations were as against respondent who is already dead and in view of the contradictions and infirmities, the learned trial court had rightly acquitted respondent No.2 and those findings cannot be said to be perverse calling for an interference by this Court.