State of Himachal Pradesh vs Sanjeev Kumar alias Sonu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 385

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
State of Himachal Pradesh – Appellant
Versus
Sanjeev Kumar alias Sonu – Respondent

Advocates Appeared:
For the Appellant :Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocate Generals with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General.
For the Respondent:Mr. Ajay Sharma, Senior Advocate with Mr. Tarun Brakta, Advocate.

JUDGMENT :

Sandeep Sharma, J.

Instant Criminal Appeal filed under Section 378 of the Code of Criminal Procedure, lays challenge to judgment of acquittal dated 20.11.2010 passed by learned Judicial Magistrate, First Class, Court No.1, Kangra, Himachal Pradesh in Criminal case No.107-II/2004, titled State of Himachal Pradesh vs. Sanjeev Kumar & Sonu, whereby learned trial Court held respondents-accused (hereinafter referred to as the accused) not guilty of having committed offence punishable under Sections 323 and 325 IPC and accordingly acquitted him.

2. Precisely, the case of the appellant-State, as has been highlighted in the appeal and further canvassed by Mr. Vishal Panwar, learned Additional Advocate General, is that the Court below has failed to appreciate the evidence in its right perspective, as a result thereof, accused, who had given merciless beatings to the complainant in the presence of independent witnesses, has been wrongly acquitted. While making this Court peruse statements of PW-2, Sh. Parveen Kumar and PW-3, Sh. Partap Chand, learned Additional Advocate General attempted to argue that prosecution has successfully proved on record that on the date of alleged incident,