STATE OF HIMACHAL PRADESH Vs. MOHINDER SINGH

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 1st March, 1999, passed by Additional Chief Judicial Magistrate, Nurpur, District Kangra, H.P. in Cri. Case No. 22-II/97, titled as State of H.P. vs. Mohinder Singh and others, acquitting the accused of the charged offence.

(2.) BRIEFLY stated the facts of the case are that complainant Bidhi Chand (PW-1) and his brothers who are resided at Village Riali and were jointly owing the properties. On 13.12.1995 at about 4.00 p.m. accused forcibly ploughed the joint land and gave beatings to Bidhi Chand with Danda. Smt. Nirmala Devi (PW-4) also reached at the spot and the accused Sh. Baldev also gave beatings to her. Both PW-1 and PW-4 sustained injuries and were saved by Shri Prem Singh and Malkiyat Singh. The matter was reported to the police and on FIR No.20/96 (Ext.PW-8/A) under Sections 325, 323 read with Section 34, IPC was registered with Whether the reporters of Local Papers are allowed to see the Judgment? Police Station Indora. During investigation, the injured were got medically examined and Dr. B.M.Gupta (PW-5) given his opinions vide MLC dated 13.12.1995 (Ext.PW-5/A) pertaining to PW-1 and MLC (Ext.PW-5/B) and X-rays dated 16.12.1995 (Ext.PW-6/A) pertaining to PW-5. The weapon of offence i.e. the Danda was taken into possession vide seizure memo (Ext.PW-10/B).

(3.) AFTER examining the depositions of witnesses, the Court below came to the conclusion that the prosecution had failed to prove its case beyond reasonable doubt. The accused persons were liable to be acquitted for the reasons that none of the independent witness had supported the case of the prosecution.