STATE OF H.P. Vs. PARDEEP KUMAR

JUDGEMENT

(1.) RESPONDENTS were tried and acquitted by the trial court for the offence punishable under Sections 452, 323, 147, 148, 149 and 506 of the Indian Penal Code. Heard and gone through the record.

(2.) IN brief, the prosecution story has been that on 12.7.1996, the father of the complainant Kultar Chand Rana was working in his field and he was allegedly given beatings. On this, said Kultar Chand Rana had gone to report the matter to the police at Dharamshala. The complainant Parminder Rana came to his house. It is alleged that on the same day, at about 7.45 P.M., when he was studying in his room, respondents Pardeep Kumar and his brother, Onkar Singh, Subhash and Pritam and one more person, who was unknown Whether reporters of local papers may be allowed to see the judgment? Yes. to him entered his room and gave beatings to him. Thereafter, he was dragged out of the room and Pradeep gave him a blow with some weapon on his face and he became unconscious. His mother Sudershana and sister Namrata raised hue and cry and the respondents ran away from the spot. At that time, Bihari and Des Raj had witnessed the occurrence. On the basis of this statement, the FIR Ex.PW1/A was registered and police visited the spot, prepared site plan Ex.PW10/A nd got the complainant Parminder Rana medically examined. There was only one injury on his person, which was a cut on the right side below the right eye with a sharp weapon, but it was simple in nature. After recording the statements of the witnesses, challan was presented in the court for trial. The respondents were charge-sheeted for the aforesaid offence, to which they pleaded not guilty and claimed trial. At the end of the trial, the respondents were acquitted and their acquittal has been challenged in this appeal.

(3.) PW -11 Bihari Lal, who is alleged to have witnessed the occurrence has turned hostile and did not support the case of the prosecution. Similarly PW-4 Raj Kumar also turned hostile. Des Raj, another eye witness was not examined.