STATE OF HIMACHAL PRADESH Vs. KRISHAN CHAND

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27-4-1995 passed by the learned Judicial Magistrate Ist Class (2), Nurpur whereby the accused-respondents (hereinafter referred to as 'the accused') have been acquitted of a charge under Ss. 147, 323/149, 324/149, 325/149, IPC.

(2.) Case of the prosecution, in brief, is that on 25-5-1992 at about 7-30 p.m., accused Rakesh Kumar alias Pappu had a quarrel with Ranjit Singh (PW-2) at Dhaneti Bhurian. the cause of quarrel was that accused Rakesh Kumar suspected that said Ranjit Singh had committed theft of his bicycle. PW. Ranjit Singh questioned accused Rakesh Kumar as to why he was accusing him of theft of the bicycle whereupon the accused caught hold of him from the neck and the quarrel ensued. PW-1 Ram Singh, the complainant also reached on the spot. In the meanwhile, accused other than Rakesh Kumar also came on the spot and assaulted the complainant party, as a result whereof, PW-1 Ram Singh, PW-2 Ranjit Singh and Satish Kumar son of Ranjit Singh sustained injuries. After the occurrence, accused persons bolted away from the place of occurrence. PW-1 Ram Singh reported the occurrence to the police vide rapat rojnamcha Ex. PW-6/A on the basis of which FIR Ex. PW-1/B came into being at Police Station, Nurpur. Injured Ram Singh, Ranjit Singh and Satish Kumar were medically examined by PW-5 Anil Mahajan and he issued the MLCs about their medical examinations which are respectively Ex. PW-5/A, Ex. PW-5/B and Ex. PW-5/C. As per MLC Ex. PW-5/A, PW-1 Ram Singh had sustained as many as 6 injuries out of which 5 were simple and one was grievous. Vide MLC Ex. PW-5/B, four simple injuries were found on the person of Ranjit Singh (PW-2). Vide MLC Ex. PW-5/C, two simple injuries were found on the person of Satish Kumar. During investigation, blood stained clothes of PW-1 Ram Singh were taken in possession by the police vide memo Ex. PW-1/A. A Sangha was also taken in possession by the police on production by PW-2 Ranjit Singh which is alleged to have been snatched by Ranjit Singh at the time of quarrel vide memo Ex. PW-2/B. One drat Ex. P-1 was also taken in possession by the police vide memo Ex. PW-2/A on production by PW Ranjit Singh who allegedly came to possess it after having snatched it from the accused at the time of the quarrel. On being satisfied of the commission of offences under Ss. 147, 148, 324, 325 and 323, IPC by the accused persons, the officer incharge, Police Station, Nurpur submitted a charge sheet against them.

(3.) To prove the charge against the accused persons, prosecution examined 8 PWs.