STATE OF H.P. Vs. GOPAL RAM

JUDGEMENT

(1.) THE present appeal arises out of judgment dated 18th March, 2000 passed by Judicial Magistrate, Ist Class, Bilaspur, in Case No. 160/1 of 11997/ 115/2 of 1997, titled as State vs. Gopal Ram and others, acquitting the accused of the charged offence.

(2.) AS per the case of prosecution, complainant and accused Nathu Ram are neighbours and a dispute arose when the goats belonging to accused entered into the complainant's fields. On 14th June, 1997 at about 6.10 p.m. the grand-daughters of accused Nathu Ram, Khema Devi and Shodi Devi took their goats through the fields of the complainant to which the complainant's mother Smt. Ramkur Devi (PW-5) objected. At that all the accused persons formed an unlawful Whether the reporters of Local Papers are allowed to see the Judgment? assembly with a common object. Seeing accused persons, PW-5 returned back home. However, all the accused persons pelted stones on her and after entering the courtyard of the house accused No.1 Gopal Ram and accused No.2 Rajesh Kumar gave beatings to PW-5, Shri Pohlo Ram (PW-3) father of complainant and sister Shiv Dei (PW-8) with Dandas, kicks and fists. As a result of the same they received injuries and the victims were saved from the accused by one Shri Rajinder. The accused persons also threatened the complainant and his family members of dire consequences. The incident was witnessed by Shri Rajinder Singh, Baldev Singh and other villagers.

(3.) WITH the completion of investigation, Challan was presented in the Court for trial. The accused persons were charged for an offence under Sections 147, 148, 149, 323, 325, 451, 506 read with Section 147, IPC. The accused did not plead guilty and claimed trial.