STATE OF HIMACHAL PRADESH Vs. VISHAL SHARMA

JUDGEMENT

(1.) THIS is an appeal filed by the appellant/State of H.P. against the judgment of the court of learned Additional Chief Judicial Magistrate, Nahan, dated 15.12.1999, vide which the respondents were acquitted of the charge framed against them under Sections 325, 324 and 323 read with Section 34 IPC.

(2.) BRIEFLY stated the facts of the case are that on 1.1.1996, at about 12.45 p.m., a report was lodged with the police by one Manoj Kumar that he is running a chat shop at Mall Road, Nahan and on the upper storey his cousin brother Kamal Kumar looks after a Café named as Mall View Café. On the lower storey, he alongwith his elder brother Parveen Kumar look after the chat shop. At about 12.25 p.m., he was present alongwith his cousin Kamal Kumar on the upper storey of the Café and Sat Pal, Worker, and Heera Singh, Waiter, were also present there. All the three respondents came there armed with Khukhri and attacked Kamal Kumar, who tried to rescue himself and suffered injuries on his left hand. Kamal Kumar was thrown on the ground and the accused started giving him beatings. He raised an alarm on which his brother Parveen Kumar came and tried to save Kamal Kumar who was also attacked by Vishal Sharma, respondent, with Khukhri, who suffered injury on his right hand. All the three respondents (hereinafter also referred as accused persons) ran away from the place of occurrence. Both the injured were sent to the hospital and the complainant came to the Police Chowki to lodge the report. On this report, a case was registered and after investigation, the challan was filed by the police under Sections 307, 326, 325, 324, 323, 452 read with Section 34 IPC.

(3.) I have heard the learned Additional Advocate General for the appellant/State and the learned counsel for the respondents.