STATE OF H.P. Vs. ISHWAR SINGH

JUDGEMENT

(1.) THIS is an application of the State for grant of leave to file an appeal against judgement of acquittal, dated 1.12.2006, passed by the learned Judicial Magistrate, Barsar, Distt. Hamirpur, in case No. 145-1-2005/3-II-2006.

(2.) THE accused was sent for trial for having committed an offence, punishable under Sections 448, 323, 427 & 506 IPC. The prosecution case is that Baldev Singh accompanied by Priya Darshan on 2.10.2005 lodged the report that lock of his shop was broken and belongings of the shop were thrown outside by the accused. On this FIR Ex. PW 3/A was registered at Police Station, Barsar, Priya Darshan was medically examined, vide MLC Ex. PW 1/A. After completion of investigation, challan was put up against the accused and he was charged, under Sections 448, 323, 447 and 506 IPC. He pleaded not guilty. The prosecution examined nine witnesses. The accused was examined, under Section 313 Cr.P.C. As per accused, he has been falsely implicated in the case. The accused did not lead any evidence in defence. The learned Judicial Magistrate acquitted the accused. Hence, the State has filed the application for leave to file an appeal.

(3.) PW 4 Amar Nath has stated that Baldev Singh is his brother. On 1.10.2005, he came to know that some persons under the influence of liquor were making noise outside the shop of Baldev Singh. Ishwar Dass and his father broke open the lock of the shutter. Ravi gave Danda blow on the back of Priya Darshan. There were 20- 25 persons, who started throwing shop articles outside. He has also stated that Priya Darshan is his brother. PW 5 Babu Ram has stated that on 1.10.2005, about 30-35 persons gathered near the shops of Baldev Singh. On spot Ishwar Dass and his party was present. Ishwar Dass gave Danda blow to the son of Baldev's brother. In cross-examination, he has repeated that there were 30-35 persons on the spot on one side and two persons namely Amar Nath and Priya Darshan on the other.