STATE Vs. VYAS CHANDER

JUDGEMENT

(1.) AGGRIEVED by Chief Judicial Magistrate Jammu's Order of January 18, 2002 acquitting the respondents of the charges framed against them under sections 324/323/34 RPC; the State has come up in an appeal to this Court.

(2.) THE prosecution had alleged that the complainant had come to the shop of Vyas chander respondent to purchase a 'hero' bicycle and had told him to keep the bicycle ready which he would purchase for Rs. 1400/- on his way back. The complainant, on his return to the respondent's shop after about 15-20 minutes, had noticed that the respondent had not fitted quality accessories to the bicycle. He therefore told respondent No. 1 to remove the pillion seat which had been shown to be costing Rs. 100/ -. The complainant, despite respondent's removing the pillion seat had not agreed to purchase the bicycle and when he started to come out of the shop, respondent No. l started abusing him. His son Pardeep Kumar who was accompanied by his another son whose name was not known to the complainant had attacked him with fists and blows. Pardeep kumar had hit him with a tyre rod on his head. The Doctor had found the complainant to have received injuries with a sharp edged weapon.

(3.) THE respondents were charged under sections 324/323/34 RPC and on their seeking trial, the prosecution had been directed to lead its evidence in the case.