STATE OF J&K Vs. KARAN SINGH

JUDGEMENT

(1.) THE accused were charge -sheeted for the offences committed under sections 447/147/148/ 325/323 R.P.C., by the learned Judicial Magistrate 1st Class, Udhampur, on the allegations that accused animated with criminal intention formed themselves into unlawful assembly and armed with lathis clandestinely forced their entry into the land of the complainant, Rattan Chand, on 02/07/2000, and thereby caused menace and criminal trespass. The accused Harish Chander, hit the complaint and with a stone on the left side of his face, whereas the other accused assulted him with lathes and clubs. In sustenance of the charge, prosecution assembled the testimony of Dev Raj, Shah Mohd and Chaju Ram, besides the complainant, whereas the accused examined Anil Raina as witness in their defense. The Trial Court, after appreciating the evidence let in by the parties and hearing the arguments, held the accused guilty and, accordingly, convicted and sentenced them for offences under sections RPC vide its order dated 1fj/09/ 2003.

(2.) AGGRIEVED by the order of conviction and consequent sentence recorded by the learned Trial court, the accused impugned its correctness by filing an appeal before the learned Sessions Judge, Udhampur.

(3.) THE Appellate Court found that the prosecution did not contact the independent witnesses during investigation and examined them, though they were readily available, and instead examined the interested witnesses and relied upon their testimony. The learned Sessions Judge further found that the PW - Shah Mohd in his evidence has categorically stated that the accused did not use any lathi against the complainant in his presence, when he reached on spot. The conviction and sentence of the accused was found bad in law by the Learned Sessions Judge, Udhampur, and consequently, accepted the appeal and acquitted the appellants of the offences with which they stood charge -sheeted and, subsequently, convicted and sentenced, vide its judgment and order dated 31/12/2003. It is against this order passed by the learned Sessions Judge, Udhampur, by virtue of which the accused have been acquitted, the State has preferred an appeal in this Court.