PARKASH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant. Parkash Chand, has preferred the present appeal against the judgment dated 18-8-1994 of the learned Additional Sessions Judge. Solan. Camp at Nalagarh, whereby he has been convicted for the offence under Section 326, Indian Penal Code, and sentenced to undergo rigorous imprisonment of five years and to pay a fine of Rs. 1,000/-. In default of payment of fine, he was sentenced to undergo rigorous imprisonment for a further period of one year.

(2.) The appellant along with other five co-accused, was charged and tried for the offences under Section 148 and Sections 323, 324, 325 and 307, read with Section 149 of the Indian Penal Code, for having made murderous assault on one Shri Kali Dass and for having caused injuries to Smt. Gurdei, Om Parkash and Prem Chand on 9-11-1988 at about 5 p.m. at Peerthan (a religious seat).

(3.) The appellant as well as his five co-accused stand acquitted of the offence charged against them. However, the appellant has been convicted and sentenced for the offence under Section 326, Indian Penal Code, as aforesaid. Be it stated that the acquittal of the appellant and his co-accused of the offences under Section 148 and Sections 323, 325 and 307, read with Section 149, Indian Penal Code, as recorded by the learned Additional Sessions Judge, has not been assailed by the State by way of an appeal or otherwise. Such acquittal has thus become final.