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2016 Supreme(HP) 1223

SURESHWAR THAKUR
State of H. P. – Appellant
Versus
Avinash Gulati – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vivek Singh Attri
For the Respondent: Mr. Satyen Vaidya, Mr. Vivek Sharma

JUDGMENT :

Sureshwar Thakur, J.

The instant appeal stands directed by the State of H.P. against the judgment of the learned Judicial Magistrate 1st Class, Court No. 2, Dehra, District Kangra, Himachal Pradesh, rendered on 20.01.2007 in Cr. Case No. 106-II/04 whereby, the learned trial Court acquitted the accused/respondents herein for theirs allegedly committing offences punishable under Sections 323, 324, 325 read with Section 34 of the Indian Panel Code.

2. The facts relevant to decide the instant case are that on 20.08.2004 at about 10 a.m. accused Avinash Gulati was carrying construction work of his house and had thrown soil on land belonging to the complainant party to which complainant's mother objected and accused Avinash Gulati hurled abuses to which she again objected. Accused Avinash Gulati caused fist blows on complainant's mother and accused Usha Gulati caught hold her from hair and head and severed fist blows and grounded her. When the complainant tried to rescue his mother, he too was beaten by fist blows by accused Avinash Gulati, Usha Gulati and Suresh Gulati. The complainant and his mother were rescued by Vijay Sood wife of Shri Sham Sood and the incident was witnesse
















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