STATE OF H.P. Vs. OM SINGH

JUDGEMENT

(1.) THIS present appeal arises out of the judgment dated 28.1.2000 passed by the Judicial Magistrate Ist Class, Kasauli in case No. 138/2 of 1993/97 titled as State of H.P. v. Om Singh and another, acquitting the accused of the offences u/s 325, 323 and 506 read with Section 34 IPC.

(2.) ON 31.10.1997, a complaint was got filed by PW-1 that on 31.10.1997 at about 3 p.m., on his way back from attending a cremation of a relative, he was assaulted by the accused persons near village Dholar Nullah. Accused Prithvi Singh and Om Parkash after talking to him, started abusing and then accused Om Singh hit him with a blow on his face which resulted into breaking of his tooth of the upper jaw and accused Prithvi Singh hit the complainant with the blow in the left eye and caused injury on the lower side of his eye. The complainant was rescued by Smt. Surjit Kaur (PW-7), Saraswati and Summy (both not examined by the prosecution). The accused persons threatened the complainant that they would kill him in future. Based on the said complaint, FIR No. 92/97 dated 31.10.1997 was registered with the Police Station, Barotiwala u/s 325, 323 and 506 read with Section 34 IPC.

(3.) THE accused persons were summoned to appear and after complying with the provisions of Section 207 Cr.PC, they were charged for the offences u/s 325, 323 and 506 read with Section 34 IPC, to which they pleaded not guilty and claimed trial.