STATE OF H.P. Vs. ANIL KUMAR

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 19.9.2000 passed by the Judicial Magistrate, Ist Class -I, Dharamshala, in Criminal Case No. 92 -1/98/97, titled as State of H.P. v. Anil Kumar and others, acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution, the police officials were on patrolling duty at Shahpur Bazar, District Kangra, H.P., when they learnt that on the Pathankot -Mandi Highway, some people were quarreling with hockey sticks. The said officials visited the spot, when they were informed that one Jaswinder Singh who was injured, had been taken to the hospital. Accordingly, the police officials visited the hospital and got the statement of Jaswinder singh under Section 154 Cr.P.C. recorded on the basis of which FIR No. 146/95 was registered with Police Station Shahpur under Sections 147, 323, 336, 341 read with Section 149 IPC. The blood stained shirt was taken into possession vide seizure memos Ext.PW -9/A and Ext.PW -8/B and the weapon of offence ˜Khoncha (wooden) was taken into possession vide memo Ext.PW -8/A. Injured Udham Singh, Hazara Singh, Jaswinder Singh and Dhian Singh who were also injured were medically examined and their respective MLCs Ext.PW -2/A, Ext.PW -2/B, Ext.PW -2/C and Ext.PW -2/D were also taken by the police.

(3.) THE accused persons were charged for the offences under Sections 147, 323, 336, 341 read with Section 149 IPC, to which they did not plead guilty and claimed trial.