STATE OF J&K Vs. PIDU RAM

JUDGEMENT

(1.) This criminal acquittal appeal has been filed by the appellant-State against the judgment dated 23.02.2011 passed by the learned Judicial Magistrate, 1st Class, Akhnoor in File No. 72/Challan titled State of J&K vs. Pidu Ram and ors, for commission of offences under Sections 323/324/341/34 RPC, FIR No. 43/2004 registered with Police Station, Akhnoor, by virtue of which court below has acquitted the accused /respondents.

(2.) In this appeal, appellant-State has challenged the order of acquittal on the grounds that trial court has not properly appreciated evidence on record which has resulted into acquittal of the respondents/accused persons; that there was sufficient material on record to convict the respondents/accused persons; that the prosecution had established the case against the respondents- accused persons by adducing documentary as well as oral evidence.

(3.) The brief facts of the case are that on 04.03.2004 at about 20:30, Police Station, Akhnoor had received a message via Telephone from SDH, Akhnoor that one person, namely, Sansar Chand has been admitted in the hospital. On getting the information Mohd.lqbal was sent to SDH Akhnoor for recording the statement of the injured person. In his statement the injured -complainant had stated that on 04.03.04, when he was returning from his field, he was obstructed on the way and the accused asked him why he has plastered his wall, the accused, namely, Pidu, Rakesh Kumar and two ladies started beating him with fists& blows and the accused Ram Lal had inflicted injuries on him by sharp edged weapon. The complainant made hue and cry and some persons from Mohalla came on spot and rescued him from the clutches of the accused persons. The investigation was conducted by Mohd.lqbal 1O ; who after conducting investigation the case was not proved against the ladies accused and they were exempted from the challan during investigation.