SANDEEP SHARMA
State of Himachal Pradesh – Appellant
Versus
Vipin Kumar alias Bittu, Son of Sh. Dhani Ram – Respondent
JUDGMENT :
1. Instant Criminal Appeal filed under Section 378 of the Code of Criminal Procedure, lays challenge to judgment of acquittal dated 11.2.2009, passed by learned Judicial Magistrate 1st Class, Court No.II, Amb, District Una, H.P., in case No.7-1 of 2007/12-II of 2008, titled as State of Himachal Pradesh versus Vipin Kumar alias Bittu and others, whereby court below held respondents accused (hereinafter referred to as the accused) not guilty of having committed the offence punishable under Sections 451, 323 and 325 read with Section 34 of IPC and accordingly acquitted them.
2. In nutshell, the case of the prosecution is that complainant Raj Kumar (PW-1) in his statement recorded under Section 154 Cr.P.C., (Ex.PW1/A), alleged that on 6.10.2006, at about 9.10 AM, accused Vipin Kumar gave him beatings in his office on the pretext that he had given beatings to his son. He also alleged that after some time other accused namely, Vikas Soni, Naresh Kumar and Sanjeev Kumar alias Sanju also reached on the spot and started giving beatings to him with dandas, as a consequence of which, he suffered multiple injuries. Complainant also alleged that accused besides causing injuries to him,
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