STATE OF H.P. Vs. MAAN SINGH

JUDGEMENT

(1.) THE State is in appeal against the judgment dated 19.11.1998 passed by learned Addl. Sessions Judge, Sirmaur District at Nahan in Criminal Appeal No.38-N/10 of 1998 acquitting Maan Singh accused in case arising out of FIR No.132/95 , Police Station Sadar Nahan.

(2.) THE brief facts are that Jiwan Ram, Sabir Mohd. and Balram, all employees of IPH department, Jamta at Devka Purla Pump House jointly lodged an FIR Ex.PA on 20.5.1995. It has been alleged that on 19.5.1995 at about 11 a.m. while they were on duty at Pump House, accused Sirmaur Singh, Maan Singh and Naresh Kumar came and they gave beatings to them with fist blows, as a result of which victims suffered injuries. The cause of giving beatings was alleged non supply of water by the complainants to the accused. The accused also threatened the victims that they would kill them. In these circumstances, FIR was registered, victims were sent for medical examination and they were accordingly examined and their MLCs Ex.PW-4/B, Ex.PW-4/E and Ex/PW-4/H were prepared. After completion of investigation three accused namely Sirmaur Singh, Maan Singh and Naresh Kumar were sent to face trial and the accused were charge-sheeted under Sections 332, 506(II) read with Section 34 IPC. The prosecution examined nine witnesses. The accused were examined under Section 313 Cr.P.C., they claimed themselves to be innocent and have been falsely implicated. The learned Chief Judicial Magistrate convicted the accused under Sections 332, 506 (II) read with Section 34 IPC on 15.6.1998 and on 16.6.1998 imposed the sentence.

(3.) I have heard the learned counsel for the parties and gone through the record. The learned Addl. Advocate General has submitted that the learned Addl. Sessions Judge has misinterpreted the material on record. The prosecution has proved the case against the accused Maan Singh. The judgment of conviction and sentence recorded by learned Chief Judicial Magistrate has been wrongly set aside by learned Addl. Sessions Judge. The learned counsel for the respondent-accused has supported the impugned judgment and has also made additional submission that on the basis of FIR No.132 of 1995, three persons namely Sirmaur Singh, Maan Singh and Naresh Kumar were prosecuted. The allegations against all the three persons, are common. The State has opted not to file appeal against the acquittal of two accused namely Sirmaur Singh and Naresh Kumar, therefore, judgment of acquittal of learned Addl. Sessions Judge against Sirmaur Singh and Naresh Kumar has become final. In these circumstances the respondent is also entitled to acquittal.