STATE OF H.P. Vs. KALA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/State of H.P. against the judgment of the Court of learned Chief Judicial Magistrate, Kullu, dated 13.7.1999, vide which the respondents were acquitted of the charges framed against them under Sections 342,323,325,506 read with Section 34 I.P.C.

(2.) BRIEFLY stated the facts of the case are that on 16.7.1995 at 11.3-PM, a statement was made by one Jagat Ram before the Police Officer under Section 154 Cr.P.C. that today in the evening when the complainant was coming to his house and he reached near the house of respondent/accused Kala at 7.00PM, a dog came to bite him and in his defence, he threw stones upon the said dog. At this instance, Kala came out of the house and started giving beatings to him and thereafter, the ladies from the house of Kala and his sons came out and attacked him with danda and gave legs and fists blow and he suffered injuries on the parts of his body. It was further alleged that thereafter, said Kala tied his left hand with a tree and Rs.600/- lying in his pocket were misplaced. He was rescued by Brijender Singh, Pradhan of the Gram Panchayat who removed the rope. On this report, a case was registered and after investigation, the challan was filed under the above sections. The respondents were tried under the above sections leading to their acquittal as detailed above.

(3.) THE submissions made by the learned Additional Advocate General were that the statement of the complainant had been duly corroborated by medical evidence and there are no material contradictions or infirmities in the statements of the prosecution witnesses which were wrongly not relied upon by the learned trial Court, which findings are not correct and as such, are liable to be reversed.