P.S. Rana, J.

Present appeal is filed under section 378 of code of criminal procedure 1973 against judgment of acquittal dated 27.3.2006 passed by learned Judicial Magistrate Ist Class Court No. III Hamirpur HP in case No. 90-II/2001 RBT No. 198-II/2004 title State of HP Vs. Pawan Kumar and another.

Brief facts of prosecution case:

2. Brief facts of case as alleged by prosecution are that on dated 3.5.2001 at about 11 AM at place Tikri accused persons in furtherance of common intention caused simple hurt and grievous hurt to complainant Lashkari Ram. It is alleged by prosecution that FIR Ext PW10/A was registered and spot map Ext PW10/B was prepared. It is further alleged by prosecution that stick Ext. P1 was took into possession. It is further alleged by prosecution that injured was medically examined by Dr. Naresh Sharma and MLC Ext PW2/A was issued. It is further alleged by prosecution that x-ray of injured conducted and x-ray films Ext P2 to Ext P4 prepared. Learned Trial Court framed charge against accused persons on 19.2.2005 under Sections 325 and 323 IPC read with section 34 IPC. Accused persons did not plead guilty and claimed trial.

3. Prosecution examined ten witn