STATE OF H P. Vs. SUNDER LAL

JUDGEMENT

(1.) Respondent Sunder Lal, was tried and acquitted for the offences punishable under Section 451, 506 and 304 of the Indian Penal Code in Sessions Trial No. 3 of 1998 by the learned Sessions Judge.

(2.) THE State felt aggrieved by the judgment of acquittal, filed the instant appeal and leave to appeal was granted on 26.5.2000 by this Court, now the matter has been finally heard. Shri V.K. Verma, learned Additional Advocate General has argued that the reasoning advanced by the learned trial Court for making base for acquittal was manifestly wrong, the testimony of the most reliable witnesses was discarded on flimsy grounds. Contra, the learned counsel for the respondent has supported the impugned judgment of acquittal.

(3.) THE prosecution case shorn of un-necessary details, has been that the complainant Lakh Jiu (75), already dead, Lafan Sukh (deceased) was his younger brother. Though both were living separately but were having their houses side by side in Dogri at village Sapni. It was alleged that on 26.10.1995 at about 1.00 P.M, the respondent entered into the room and gave beatings to Lafan Sukh, when the complainant tried to intervene, he was pushed away. Lafan Sukh came out and cried for help. Consequently, PW Bhagwar, his wife Mulki and Shyam Guru came there and rescued him. The respondent also threatened him with dire consequences. The deceased fell unconscious, he was taken to Reckong Peo District Hospital and the report was lodged in Police Station. Since the place of incident fell in Police Station, Sangra, the FIR was registered there under Section 451, 323 and 506 of the Indian Penal Code.