STATE OF H P Vs. JAGGU RAM

JUDGEMENT

(1.) Instant appeal having been filed by the appellant-State (hereinafter, 'State') is directed against judgment of acquittal dated 29.11.2008, passed by the learned Chief Judicial Magistrate, Sirmaur District at Nahan, Himachal Pradesh in Cr. Case No. 87/2 of 2007, whereby the respondents-accused (hereinafter, 'accused') came to be acquitted of the charges framed against them under Section 325 read with Section 34 IPC.

(2.) Briefly stated the facts as emerge from the record are that on 4.7.2007, at about 5.30 pm, accused, in furtherance of their common intention, caused grievous injuries to the complainant Bhanu Partap (PW-1), at Trilokpur River by means of fist and kick blows. Allegedly the matter was reported to the Police Post Kala Amb. One Head Constable Hari Singh alongwith Constable Viveka Nand visited the Regional Hospital, Nahan and recorded the statement under Section 154 CrPC of the complainant, Bhanu Partap, on the basis of which, formal FIR, Ext. PW-7/A came to be registered against the accused at Police Station, Nahan.

(3.) After completion of investigation, Police presented Challan in the competent Court of law, who being satisfied that a prima facie case exists against the accused, charged them with offences punishable under Section 325 IPC read with Section 34 IPC, to which all the accused pleaded not guilty and claimed trial. Prosecution, with a view to prove its case against the accused, examined in all eight witnesses, whereas, accused in their statements recorded under Section 313 CrPC, denied the case of the prosecution in toto and claimed that they have been falsely implicated. However, the fact remains that they did not lead any evidence in their favour, despite opportunity having been afforded to them.