MAHINDER SINGH Vs. DUNI CHAND

JUDGEMENT

(1.) By way of instant criminal revision petition filed under Sec. 397 read with Sec. 401 of the Cr.PC., challenge has been laid to judgment dated 20.11.2017, passed by the learned Sessions Judge, Kullu, H.P., in Criminal Appeal No. 41 of 2015, affirming the judgment of acquittal dated 14.5.2015, recorded by the learned Chief Judicial Magistrate, Lahaul-Spiti, at Kullu, H.P. in criminal case No. 97-I of 2008/151-II/2009, titled State of H.P. Vs. Duni Chand and Ors., whereby the learned trial Court, held the respondents-accused not guilty of having committed offence punishable under Sections 147, 341, 323, 325 read with Sec. 149 of Penal Code.

(2.) Briefly stated facts, as emerge from the record are that FIR Ext.PW1/A dated 20.9.2007, came to be lodged at the behest of the complainant Kaul Singh PW1, who alleged that on 19.12007, around 5:30 PM, he and Mahender Singh S/o Sh. Duryodhan, were going back to their houses after casting their votes for Vidhan Sabha and when they reached near Village Puin, accused persons formed unlawful assembly and wrongfully restrained them and started giving beatings to them. Complainant further alleged that accused persons were carrying "dandas" in their hands and on account of beatings given to the complainant, he sustained injuries on his head, whereas person namely Mahinder Singh S/o Sh. Jeet Ram sustained injury on his face and head. Allegedly, Mahender Singh, S/o Shri Duryondhan also sustained injury on his back. The complainant further reported to the police that Devinder Singh and Tara Chand saved them from the clutches of the respondents-accused. Police after completion of the investigation, presented the challan before the competent court of law, who on being satisfied that prima-facie case exists against the accused persons, charged them under Sections 147, 341, 325 and 323, read with Sec. 149 IPC, to which accused pleaded not guilty and claimed trial.

(3.) Learned trial Court on the basis of material adduced on record by the respective parties held the accused persons not guilty of having committed aforesaid offences and accordingly, acquitted them.