STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) The present appeal is maintained by the appellant-State of Himachal Pradesh assailing the judgment of acquittal of the accused-respondent (hereinafter to be called as "the accused") in case under Sections 279 & 337 of the Indian Penal Code, passed by the learned Judicial Magistrate 1st Class, Court No. III, Una, District Una, H.P, dated 20.12.2007, in Criminal Case No.189-II-06/01.

(2.) Briefly stating the facts giving rise to the present appeal are that on 25.02.2001, Parkash Chand (hereinafter to be called as "the complainant") accompanied with Ashok Kumar, Pritam Chand, Jeet Ram, Sodhi Ram, Sanjay, Bablu Sharma and Hem Raj were going from Swarghat to Una for attending a marriage ceremony in a Utility vehicle, bearing registration No. HP-24A-3202.

(3.) Prosecution, in order to prove its case, examined as many as 12 witnesses. Statement of the accused was recorded under Section 313 Cr.P.C, wherein he denied the prosecution case and claimed innocence. Accused did not lead any defence evidence. The learned trial Court acquitted the accused, vide impugned judgment dated 20.12.2007, hence the present appeal.