STATE OF H.P. Vs. JEET SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/State of H.P. against the judgment of the Court of learned Sub Divisional Judicial Magistrate, Nalagarh, dated 28.6.1999, vide which the respondents were acquitted of the charge framed against them under Sections 325/506 read with Section 34 I.P.C..

(2.) BRIEFLY stated the facts of the case are that on 17.11.1995 at about 1.30P.M., a report was lodged by one Bachna Ram in regard to the occurrence having taken place in the land in his possession. He had alleged in the report that he learnt at about 12.00 noon that Jeet Singh etc. had ploughed his fields and a quarrel was taking place. When he reached there he found that his son Hardev Singh and nephew Bhagat Dass were being given beatings by the other party and Kuldeep Kaur, his daughter-in-law and Gurmitto and Banti, wives of his nephews were also present who were being abused by the other party. On this report, a rapat was entered by the police and the case was investigated. After investigation, the challan was filed before the learned trial Court who tried the respondents as detailed above leading to their acquittal.

(3.) THE submissions made by the learned Additional Advocate General, for the appellant were that there were many eye witnesses to the occurrence but their statements were not relied upon by the learned trial Court in view of the minor contradictions and infirmities in the statements of the prosecution witnesses and for the reasons that they were related to one another. It was submitted that the complainant party had suffered injuries and there was no occasion for them to falsely implicate the accused persons in case no occurrence had taken place.