STATE OF JAMMU AND KASHMIR Vs. RAJ KUMAR

JUDGEMENT

(1.) This appeal has been filed by the State against the judgment dated 31.05.2013 passed by the learned Principal Sessions Judge, Jammu in case titled State vs Raj Kumar and ors (hereinafter referred to as the Appellate Court ) whereby the conviction and sentence recorded by the learned Judicial Magistrate First Class, Akhnoor (hereinafter referred to as the trial Court ) against the respondents herein, has been set aside, thereby acquitting the respondents herein.

(2.) Briefly stated the facts are that on 06.07.2003, the complainant, who was admitted in SDH Akhnoor, made a statement before the Police that on 05.04.2003 while he was cultivating his land, accused persons, namely, Raj Kumar, Pratap Chand, Dhian Chand sons of Barita Ram, Kishore Kumar son of Dhian Chand, Pawan Kumar son of Partap Chand, Anant Ram and Babu Ram sons of Chattru Ram entered upon his land and threatened the complainant as to why he was ploughing the land. He felt scared and ran away from the spot. Thereafter, the father of the complainant brought the said incident to the notice of the residents of the area, who formed a committee and came on the spot. The respondents herein along with other accused persons formed an unlawful assembly and in pursuance of their common object, they came on the spot and attacked them and pelted stones upon them. Respondent/accused Raj Kumar gave blow on the head of father of the complainant and his brother due to which both of them received injuries. They ran away from the spot in order to save their lives, otherwise they would have been killed. Thereafter, they were taken to SDH Akhnoor for treatment. According to the prosecution, the complainant, his father and his brothers were attacked by respondent Raj Kumar and other accused persons. The police registered the case against the respondents herein and other accused persons and submitted final report before the learned trial Court where the prosecution led evidence and examined PWs Bal Krishan, Tulsi Ram, Kuldeep Raj, Kali Dass, Vinod Kumar, Lal Mohd, Tasadaq Hussain and Dr. Raman Bhagat as its witnesses.

(3.) The trial court, after appreciating the evidence, came to the conclusion that the prosecution has miserably failed to prove the charge against the accused Kishore Kumar, Pawan Kumar, Anant Ram and Babu Ram and acquitted them, but, on the basis of said evidence recorded during the trial held that the charge has been proved against the respondents and convicted them for having committed offence punishable under Section 325 RPC read with 34 RPC and sentenced him to undergo simple imprisonment for a period of two years and to pay a fine of Rs.1000/-, also convicted him for having committed offence punishable under Section 324 RPC and sentenced him to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1000/-. He was further convicted under Section 323 RPC and sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1000/-. Respondent No.2 was convicted under Section 325 RPC read with Section 34 RPC and sentenced him to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1000/-. As far as accused Partap Chand is concerned, he died during the pendency of trial.