STATE OF HIMACHAL PRADESH Vs. INDER JEET

JUDGEMENT

(1.) This appeal by the State is directed against the order of acquittal passed by the Sub-Divisional Judicial Magistrate, Sundernagar, District Mandi dated 14-3-1989 in Police Challan case No. 280-I/87.

(2.) Briefly stated, the facts are as follows. Five accused persons, namely, Inderjeet, Mini Lal, Shoan Lal, Des Raj and another Des Raj on 15-3-1987 at about 1.30 PM in furtherance of their common intention formed an unlawful assembly and voluntarily caused hurt to the complainant Rakesh Kumar, who was an agent of liquor vendor at Dehar. They committed house trespess and mischief by breaking bottles of Indian made foreign liquor and also given threats to Rakesh Kumar. The police, after investigation, submitted the charge sheet under Sections 147/323/451/427/506 of the Indian Penal Code and accordingly the learned trial Court also framed the charge. The prosecution examined six witnesses. All the accused persons pleaded not guilty. Their statements under Section 313 Cr. P.C. were also recorded. The learned trial Court after fully considering the entire evidence on record and giving reasons, found the accused persons not guilty and hence the appeal by the State.

(3.) Heard Pt. Om Parkash Sharma, learned Additional Advocate General assisted by Mr. R. P. Bisht, learned Assistant Advocate General. Heard Mr. Shrawan Dogra for the accused-respondents.