STATE OF H.P. Vs. KESAR CHAND

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 29.9.2000 passed by the Additional Chief Judicial Magistrate, Dehra, District Kangra, H.P. in Criminal Case No. 78 -II/91, titled as State v. Kesar Chand and another acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution, complainant Ram Rattan had constructed the boundary wall abutting the land of the accused No. 1 who had raised a ˜Palli (temporary structure) by fixing two pillars besides the boundary wall of the complainant. The complainant had been repeatedly requesting the said accused to remove the same. On 2.2.1991, the complainant again requested the accused persons to remove the same but, however, accused No. 1 gave a blow with a brick to the complainant as a result of which he sustained an injury above his left eye. Shri Desh Raj accused No. 2, servant of accused No. 1 also gave blows to Shri Ganesh Dutt son of the complainant. The complainant visited Police Station, Dehra on the same day and lodged a report and was got medically examined at Dehra and after receipt of the MLC, FIR No. 4/91 dated 3.2.1991 (Ext.PW -3/B) was registered with Police Station, Dehra under Sections 323 and 324 IPC. The case was investigated by Shri Narain Singh, SHO, Dehra.

(3.) IN order to prove its case, the prosecution examined six witnesses and the statements of the accused persons under Section 313 Cr.P.C. were also recorded. In defence, it is the case of the accused that they have been falsely implicated due to animosity between the parties.