STATE OF J&K Vs. TIRATH RAM

JUDGEMENT

(1.) THIS is acquittal appeal against the judgment passed by the Chief Judicial Magistrate, Kathua on December 20, 1994 whereby the learned Magistrate has acquitted the accused for the charges under sections 148/325 and 323 RPC. The challan was produced against the five accused of whom accused No.1 namely, Tirath Ram is reported to have expired during the pendency of the appeal. So the appeal against him has become infructuous.

(2.) BRIEFLY put the case of prosecution is that the complainant Thbru Ram was working in his fields at Chak Dewan Kirpa Ram on 3.7.89 and was irrigating his land. Accused Tirath Ram and others came on spot and disconnected the irrigation supply line to the field of complainant, and assulted the complainant with hands and fists. Accused Tirath Ram was armed with Drath. He struck the drath blow on the left elbow of the complainant by virtue of which his finger was fractured. The matter was reported to the police vide EXPDR. The police investigated the matter and filed challan against the accuse under the aforementioned offences. The accused pleaded not guilty.

(3.) THE prosecution examined Thoru Ram, PW -1, Om Parkash PW -2, Shish Kumar PW -3, Dr. Rajinder Prasad PW -4 and Karam Chand Head constable PW -5. Accused have examined Bishan Dass in defence. The trial court discussed the evidence, found it full of contradictions, gave the benefit of doubt to the accused and acquitted them. This appeal is in consequence of this acquittal order.