RAM SWAROOP Vs. KHYALI RAM AND OTHERS

JUDGEMENT

(1.) The instant petition stands directed against the impugned judgement of acquittal recorded by the learned Judicial Magistrate 1st Class, Court No. 3, Shimla H.P. whereby he pronounced an order of acquittal qua the accused qua the offences allegedly committed by them.

(2.) The brief facts of the case are that on 16.12.2005 complainant Ram Swaroop Chauhan at about 7.15 a.m was coming to his house from cowshed then the accused persons came to the spot and they restrained the complainant to proceed further and also threatened him to do away with his life. It is alleged that accused Satish, who was armed with a Darat assaulted the complainant. On this complainant received injuries on his left hand finger. It is alleged that accused Khayali Ram assaulted the complainant with a stone. On this he received injuries on his back and other accused assaulted the complainant with fist blows and kicks. The complainant raised alarm. On this his wife Romonita came there and rescued the complainant from the clutches of the accused. On his complaint, an F.I.R was registered at the police station and investigation commenced. During investigation the I.O. prepared the spot map and recorded the statements of the witnesses under Section 161 of Cr.P.C. and after completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused, challan was prepared and filed in the Court.

(3.) A notice of accusation stood put to the accused by the learned trial Court for theirs committing offences punishable under Sections 147, 148, 341, 323, 201, 506 read with Section 149 IPC to which they pleaded not guilty and claimed trial.