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2021 Supreme(HP) 912

CHANDER BHUSAN BAROWALIA
State of Himachal Pradesh – Appellant
Versus
Ujjager Singh, S/O SH. Amar Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SH. ARVIND SHARMA, SH. P.K. BHATTI AND SH. BHARAT BHUSHAN, ADDL. AGS WITH SH. AMIT DHUMAL, DY. AG AND SH.
MANOJ BAGGA, ASST. AG
For the Respondent:SH. ASHOK KUMAR, ADVOCATE VICE SH. KARAN SINGH KANWAR, ADVOCATE

JUDGMENT :

1. The present appeal is maintained by the appellant/State laying challenge to judgment dated 30.09.2008, passed by learned Judicial Magistrate 1st Class, Court No. 2, Paonta Sahib, District Sirmaur, H.P., in Criminal Case No. 57/2 of 2002, whereby the respondents/accused persons (hereinafter referred to as “the accused persons”) were acquitted for the offences punishable under Sections 451, 323, 324, 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as “IPC”).

2. Briefly stated the facts giving rise to the present case are that on 29.04.2002, at about 09:00 p.m., complainant Kamaljeet Singh alongwith his wife Smt. Rupinder Kaur was at his wife’s maternal house at Bhhupur. In the meantime, the accused persons came there and after exchange of some heated arguments, they hit the complainant with Kirpan. Owing to which, the complainant sustained injuries on his fingers. The accused persons also hit the wife of the complainant with kick and fist blows and she also sustained injuries in the occurrence. Consequently, the complainant reported the matter to the police, whereupon, a case was registered against the accused persons and investigation ensued. P

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